Legislating Under The Charter

Author : Emmett Macfarlane,Janet Hiebert,Anna Drake
Publisher : University of Toronto Press
Page : 320 pages
File Size : 54,8 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 : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 461 pages
File Size : 45,9 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523152

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Policy Change, Courts, and the Canadian Constitution by Emmett Macfarlane Pdf

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 41,6 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 42,5 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 : United States. Congress. Senate. Committee on the District of Columbia
Publisher : Unknown
Page : 982 pages
File Size : 48,9 Mb
Release : 1972
Category : Legislation
ISBN : UCBK:C055434364

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Legislating for the Nation's Capital by United States. Congress. Senate. Committee on the District of Columbia Pdf

Author : Walter Surma Tarnopolsky
Publisher : McGill-Queen's Press - MQUP
Page : 449 pages
File Size : 40,5 Mb
Release : 1975-01-01
Category : Civil rights
ISBN : 9780773595439

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The Canadian Bill of Rights by Walter Surma Tarnopolsky Pdf

Author : Mary C. Hurley
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2005
Category : Electronic
ISBN : OCLC:933099842

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Charter Equality Rights by Mary C. Hurley Pdf

Subsection 15(1) of the Canadian Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. This paper contains a summary review of a number of principles relevant to subsection 15(1) analysis, as determined by the Supreme Court of Canada. It includes a chart setting out the basic elements of the Court's decisions in which the equality rights provision has been raised. Elements include style of cause, nature of challenge, grounds of discrimination, and result.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 228 pages
File Size : 54,7 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 : Kevin Vallier,Michael E. Weber
Publisher : Oxford University Press
Page : 329 pages
File Size : 51,7 Mb
Release : 2018
Category : Law
ISBN : 9780190666187

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Religious Exemptions by Kevin Vallier,Michael E. Weber Pdf

Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

Author : Grégoire Webber,Paul Yowell,Richard Ekins
Publisher : Unknown
Page : 223 pages
File Size : 50,9 Mb
Release : 2018-03
Category : Law
ISBN : 9781108426572

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Legislated Rights by Grégoire Webber,Paul Yowell,Richard Ekins Pdf

Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.

Author : A.V. Dicey
Publisher : Springer
Page : 729 pages
File Size : 46,9 Mb
Release : 1985-09-30
Category : Social Science
ISBN : 9781349179688

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An Introduction to the Study of the Law of the Constitution by A.V. Dicey Pdf

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Author : Tom Campbell,Jeffrey Denys Goldsworthy,Adrienne Sarah Ackary Stone
Publisher : OUP Oxford
Page : 390 pages
File Size : 53,8 Mb
Release : 2003
Category : Law
ISBN : 0199264066

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Protecting Human Rights by Tom Campbell,Jeffrey Denys Goldsworthy,Adrienne Sarah Ackary Stone Pdf

Conceptual boundaries and functions of human rights

Author : United States. Congress. Senate. Committee on Governmental Affairs
Publisher : Unknown
Page : 860 pages
File Size : 42,7 Mb
Release : 1982
Category : Administrative law
ISBN : LOC:00173341118

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Regulatory Reform Legislation of 1981 by United States. Congress. Senate. Committee on Governmental Affairs Pdf

Author : Gail Evans
Publisher : Kluwer Law International B.V.
Page : 298 pages
File Size : 52,8 Mb
Release : 2000-01-01
Category : Law
ISBN : 9789041198068

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Law Making Under the Trade Constitution:A Study in Legislating by the World Trade Organization by Gail Evans Pdf

This work lays the foundation for an empirical understanding of the WTO constitution as a response to the logic of intellectual property law. It concludes that the WTO and its institutions must find ways of conforming to the democratic principles of accountability, transparency and representation.

Author : Katarina Tomaševski,Philip Alston
Publisher : BRILL
Page : 237 pages
File Size : 52,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482302

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The Right to Food by Katarina Tomaševski,Philip Alston Pdf