Constitutional Pariah

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 228 pages
File Size : 42,7 Mb
Release : 2021-04-01
Category : Law
ISBN : 9780774866248

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Constitutional Pariah by Emmett Macfarlane Pdf

The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.

Author : Kate Puddister,Emmett Macfarlane
Publisher : UBC Press
Page : 0 pages
File Size : 51,7 Mb
Release : 2023-08
Category : Civil rights
ISBN : 0774867922

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Constitutional Crossroads by Kate Puddister,Emmett Macfarlane Pdf

"Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change. The patriation of the constitution and the entrenchment of a new bill of rights, Aboriginal and treaty rights, and a homegrown amending formula have had considerable consequences for Canadian governance, public policy, and the evolution of the constitution. Constitutional Crossroads brings together established and rising stars of political science and law not only to develop a robust account of the 1982 constitutional reform but to analyze the ensuing scholarship that has shaped our understanding of the constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics."--

Author : Tom Nairn
Publisher : Verso
Page : 200 pages
File Size : 40,7 Mb
Release : 2002-09-17
Category : Political Science
ISBN : UOM:39015051807553

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Pariah by Tom Nairn Pdf

When political victories are based on a fraction of the electoral register, perish looks like the only way towards reform.

Author : Kate Puddister,Emmett Macfarlane
Publisher : UBC Press
Page : 521 pages
File Size : 42,6 Mb
Release : 2022-12-01
Category : Political Science
ISBN : 9780774867948

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Constitutional Crossroads by Kate Puddister,Emmett Macfarlane Pdf

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.

Author : Jeffrey M Shaman
Publisher : Oxford University Press
Page : 296 pages
File Size : 40,7 Mb
Release : 2008-04-14
Category : Law
ISBN : 9780199715220

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Equality and Liberty in the Golden Age of State Constitutional Law by Jeffrey M Shaman Pdf

The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.

Author : Aileen Kavanagh
Publisher : Cambridge University Press
Page : 509 pages
File Size : 43,7 Mb
Release : 2023-09-30
Category : Law
ISBN : 9781108622479

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The Collaborative Constitution by Aileen Kavanagh Pdf

Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.

Author : Vanya Gastrow
Publisher : NYU Press
Page : 252 pages
File Size : 54,6 Mb
Release : 2022-03
Category : Law
ISBN : 9781776147397

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Citizen and Pariah by Vanya Gastrow Pdf

Citizen and Pariah explores the fragility of law, pluralism and democracy in South Africa by investigating Somali informal shopkeepers’ experiences of crime, justice and regulation in the country. Through a narrative account of their local experiences, the book sheds light on the legal and political predicaments they face.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 53,7 Mb
Release : 2013
Category : History
ISBN : 9780774823500

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Governing from the Bench by Emmett Macfarlane Pdf

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 700 pages
File Size : 41,7 Mb
Release : 2014-01-01
Category : Law
ISBN : 9780674727809

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The Classical Liberal Constitution by Richard A. Epstein Pdf

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

Author : Maryland. Constitutional Convention
Publisher : Unknown
Page : 654 pages
File Size : 49,6 Mb
Release : 1864
Category : Electronic
ISBN : MINN:31951002382891T

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The Debates of the Constitutional Convention of the State of Maryland, Assembled at the City of Annapolis, Wednesday, April 27, 1964 by Maryland. Constitutional Convention Pdf

Author : Anonim
Publisher : Unknown
Page : 394 pages
File Size : 51,6 Mb
Release : 1996
Category : Constitutional history
ISBN : UCAL:B5075865

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Constitutional Commentary by Anonim Pdf

Author : Emmett Macfarlane,Janet Hiebert,Anna Drake
Publisher : University of Toronto Press
Page : 320 pages
File Size : 46,9 Mb
Release : 2023-03-30
Category : Political Science
ISBN : 9781487558178

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Legislating under the Charter by Emmett Macfarlane,Janet Hiebert,Anna Drake Pdf

Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.

Author : James Farney,Julie M. Simmons
Publisher : University of Toronto Press
Page : 358 pages
File Size : 54,8 Mb
Release : 2021-11-08
Category : Canada
ISBN : 9781487509606

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Open Federalism Revisited by James Farney,Julie M. Simmons Pdf

Open Federalism Revisited provides a systematic, encompassing assessment of Canadian federalism in the Harper era, offering a fresh perspective in federalism scholarship.

Author : Martin Belov
Publisher : Routledge
Page : 319 pages
File Size : 55,8 Mb
Release : 2021-09-22
Category : Law
ISBN : 9781000436419

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Courts and Judicial Activism under Crisis Conditions by Martin Belov Pdf

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

Author : Alberto Nicòtina,Patricia Popelier,Peter Bursens
Publisher : Taylor & Francis
Page : 343 pages
File Size : 42,8 Mb
Release : 2023-12-04
Category : Law
ISBN : 9781003807964

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EU Law and National Constitutions by Alberto Nicòtina,Patricia Popelier,Peter Bursens Pdf

This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.