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Author : Joseph J. Arvay,Continuing Legal Education Society of British Columbia,Hogg, Peter W,T. Murray Rankin,Kenneth M. Lysyk
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 1990
Category : Actions and defenses
ISBN : 0865044678
Author : Joseph Arvay,T. Murray Rankin,Beverley M. McLachlin,Continuing Legal Education Society of British Columbia
Publisher : Unknown
Page : 220 pages
File Size : 52,8 Mb
Release : 1997
Category : Constitutional torts
ISBN : 0865049203
Author : Clark Neily
Publisher : Encounter Books
Page : 234 pages
File Size : 45,6 Mb
Release : 2013-10-14
Category : Law
ISBN : 9781594036965
Government at every level is too big, too powerful, and too intrusive. But don’t blame just legislators and members of the executive branch for constantly overstepping their constitutional bounds. As Clark Neily argues in The Terms of Engagement, judges have more than their fair share of the blame. While liberals seek court rulings creating positive rights to things like free health care and conservatives call for judicial “restraint,” the end result is same: greater government power and diminished individual rights. With compelling real-world examples and penetrating legal analysis, Neily’s book shows how judicial abdication brought us to this point and calls for “judicial engagement” to restore courts as the critical check on the other branches of government envisioned by the Framers. Neily documents how courts have largely abandoned that vital role, and he offers a persuasive solution for the epidemic of judicial abdication: principled judicial engagement whereby judges actually judge in all constitutional cases, rather than reflexively taking the government’s side as they so often do now. Anyone concerned about the size of government, the sanctity of the Constitution, and the rule of law will find a refreshingly new perspective in this book written for non-lawyers and lawyers alike.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 1990
Category : Actions and defenses
ISBN : OCLC:1016450750
Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 54,7 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author : F. L. Morton,Dave Snow
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2018
Category : Courts
ISBN : 1552389901
Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.
Author : Anonim
Publisher : Unknown
Page : 714 pages
File Size : 49,5 Mb
Release : 2018
Category : Courts
ISBN : 1552389936
"Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada."--
Author : Raoul Berger
Publisher : Studies in Jurisprudence and L
Page : 0 pages
File Size : 48,8 Mb
Release : 1997
Category : Law
ISBN : 0865971447
It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 158 pages
File Size : 49,5 Mb
Release : 2007-06-28
Category : Law
ISBN : 9780104011065
In the UK's institutional arrangements for protecting human rights, both Parliament and the judiciary have a central role. When the courts give a judgement finding that a law, policy or practice is in breach of human rights, it is for Parliament to scrutinise the adequacy of the Government's response and in some cases decide if there needs to be a change in law. An important part of the role of the Committee is to help Parliament in this function. This report brings together all their monitoring work in relation to both judgements of the European Court of Human Rights and declarations of incompatibility given by UK courts under the Human Rights Act.
Author : John V. Sullivan
Publisher : Unknown
Page : 72 pages
File Size : 50,8 Mb
Release : 2007
Category : Government publications
ISBN : PURD:32754073527669
Author : Peter W. Hogg
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2020
Category : Constitutional law
ISBN : 0779896548
Author : Donald Savoie
Publisher : University of Toronto Press
Page : 465 pages
File Size : 47,5 Mb
Release : 2008-05-10
Category : Political Science
ISBN : 9781442692985
There is a consensus throughout much of the western world that the public sector is in urgent need of repair. This study seeks to understand why this is so by comparing developments in Canada and the United Kingdom. It looks to changes in values both in society and inside government, and to the relationships between politicians and civil servants at the top and between civil servants and citizens at the bottom. Donald J. Savoie argues that both Canada and the UK now operate under court government rather than cabinet government. By court government, he means that effective power now rests with their respective prime ministers and a small group of carefully selected courtiers. For things that matter to prime ministers and their courts, the decision-making process shifts from formal to informal, involving only a handful of actors. For things that matter less to them, the decision-making process is horizontal, cumbersome, and consultative, and involves a multitude of actors from different government departments and agencies as well as a variety of individuals operating outside government. Court governments undermine both the traditionally bureaucratic model and basic principles that have guided the development of our Westminster-Whitehall parliamentary system. Nonetheless, Canada and the United Kingdom still cling to accountability requirements better suited to the past and the traditional bureaucratic model. Savoie concludes with a call for new accountability requirements that correspond with court government as well as the new relationships between politicians and civil servants, and civil servants and citizens.
Author : Shimon Shetreet,Sophie Turenne
Publisher : Cambridge University Press
Page : 495 pages
File Size : 52,6 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107013674
This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
Author : United States. Supreme Court
Publisher : Unknown
Page : 618 pages
File Size : 42,5 Mb
Release : 1881
Category : Law reports, digests, etc
ISBN : HARVARD:32044106524382
Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 44,5 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
