Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791
The Constitution Act, 1982
Canada
Constitutional Rights
Constitutional Rights Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Constitutional Rights book. This book definitely worth reading, it is an incredibly well-written.
A Consolidation of the Constitution Acts 1867 to 1982
Anonim
Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 48,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417
A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf
A Theory of Constitutional Rights
Robert Alexy
Author : Robert Alexy
Publisher : Unknown
Page : 518 pages
File Size : 49,8 Mb
Release : 2010
Category : Law
ISBN : 9780199584239
A Theory of Constitutional Rights by Robert Alexy Pdf
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
How Constitutional Rights Matter
Adam Chilton,Mila Versteeg
Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press, USA
Page : 397 pages
File Size : 42,6 Mb
Release : 2020
Category : Law
ISBN : 9780190871451
How Constitutional Rights Matter by Adam Chilton,Mila Versteeg Pdf
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Just Words
Joel Bakan
Author : Joel Bakan
Publisher : University of Toronto Press
Page : 241 pages
File Size : 43,7 Mb
Release : 1997-01-01
Category : Law
ISBN : 9780802004611
Just Words by Joel Bakan Pdf
Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.
Constitutional Rights and Powers of the People
Wayne D. Moore
Author : Wayne D. Moore
Publisher : Princeton University Press
Page : 310 pages
File Size : 44,9 Mb
Release : 2017-03-14
Category : Law
ISBN : 9781400887453
Constitutional Rights and Powers of the People by Wayne D. Moore Pdf
American constitutionalism rests on premises of popular sovereignty, but serious questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution and its place in the polity, Wayne Moore moves away from an exclusive focus on courts and judges and considers the following queries: Who is included among the people? How are the people politically configured? How may the people act? And how do the people relate to government and other representative structures? Going beyond though not excluding relevant discussions of specific constitutional texts (such as the preamble, articles V and VII, and the ninth, tenth, and fourteenth amendments), Moore examines historical material from the antebellum period, such as the opinions of U.S. Supreme Court justices in the notorious Dred Scott case and significantly different perspectives from the writings and speeches of Frederick Douglass. He also looks at influential thinking from the founding period and examines precedents set during prominent controversies involving the establishment of a national bank, regulations of the economy, and efforts to limit sexual and reproductive choices. The penultimate chapter explores issues raised by claims of state interpretive autonomy, and the conclusion models various dimensions of the constitutional order as a whole. The book offers fresh insights into central problems of constitutional history, theory, and law. Originally published in 1996. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Constitutional Rights of Prisoners
John W. Palmer
Author : John W. Palmer
Publisher : Routledge
Page : 1786 pages
File Size : 43,5 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781317523864
Constitutional Rights of Prisoners by John W. Palmer Pdf
This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.
Advancing Equality
Jody Heymann,Aleta Sprague,Amy Raub
Author : Jody Heymann,Aleta Sprague,Amy Raub
Publisher : Univ of California Press
Page : 416 pages
File Size : 54,7 Mb
Release : 2020-01-14
Category : Political Science
ISBN : 9780520973879
Advancing Equality by Jody Heymann,Aleta Sprague,Amy Raub Pdf
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.
Balancing Constitutional Rights
Jacco Bomhoff
Author : Jacco Bomhoff
Publisher : Cambridge University Press
Page : 289 pages
File Size : 41,8 Mb
Release : 2013-12-19
Category : Law
ISBN : 9781107044418
Balancing Constitutional Rights by Jacco Bomhoff Pdf
A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Beginning Constitutional Law
Nick Howard
Author : Nick Howard
Publisher : Routledge
Page : 208 pages
File Size : 40,9 Mb
Release : 2016-07-15
Category : Law
ISBN : 9781317280682
Beginning Constitutional Law by Nick Howard Pdf
Whether you’re new to higher education, coming to legal study for the first time or just wondering what Constitutional Law is all about, Beginning Constitutional Law is the ideal introduction to help you hit the ground running. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary avaliable on the companion website, Nick Howard breaks the subject of constitutional law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained, and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. This second edition has been updated to keep up to date with developments both before and after the 2015 General Election as well as ongoing proposals for reform, including: • The referendum on independence for Scotland, increased devolved powers and the continued threat of the break-up of the Union. • Proposals to repeal the Human Rights Act 1998 and replace it with a British Bill of Rights. • The in/out referendum on EU membership. • Reform of the role and composition of the House of Lords. Beginning Constitutional Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.
Constitutional Law
Patrick Monahan
Author : Patrick Monahan
Publisher : Unknown
Page : 613 pages
File Size : 49,5 Mb
Release : 2006
Category : Law
ISBN : 1552211282
Constitutional Law by Patrick Monahan Pdf
This book aims to provide both lawyers and students with a general introduction to, and overview of, the basic elements of the Canadian constitution. This new edition reflects changes in the jurisprudence since 2002, particularly with regards to the Canadian Charter of Rights and Freedoms.
The Nature of Constitutional Rights
Richard H. Fallon Jr.
Author : Richard H. Fallon Jr.
Publisher : Cambridge University Press
Page : 223 pages
File Size : 47,8 Mb
Release : 2019-03-14
Category : Law
ISBN : 9781108651875
The Nature of Constitutional Rights by Richard H. Fallon Jr. Pdf
What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.
How Rights Went Wrong
Jamal Greene
Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 55,9 Mb
Release : 2021
Category : Law
ISBN : 9781328518118
How Rights Went Wrong by Jamal Greene Pdf
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
The Global Emergence of Constitutional Environmental Rights
Joshua C. Gellers
Author : Joshua C. Gellers
Publisher : Taylor & Francis
Page : 150 pages
File Size : 46,5 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781315524405
The Global Emergence of Constitutional Environmental Rights by Joshua C. Gellers Pdf
Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
Routledge Handbook of Constitutional Law
Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Author : Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Publisher : Routledge
Page : 504 pages
File Size : 52,5 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135100193
Routledge Handbook of Constitutional Law by Mark Tushnet,Thomas Fleiner,Cheryl Saunders Pdf
The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
