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Author : Jonathan Malloy Publisher : University of Toronto Press Page : 214 pages File Size : 40,5 Mb Release : 2023-02-27 Category : Political Science ISBN : 9781487551001
The Paradox of Parliament provides a comprehensive analysis of all aspects of Parliament in order to explain the paradoxical expectations placed on the institution. The book argues that Parliament labours under two different "logics" of its purpose and primary role: one based on governance and decision-making and one based on representation and voice. This produces a paradox that is common to many legislatures, but Canada and Canadians particularly struggle to recognize and reconcile the competing logics. In The Paradox of Parliament, Jonathan Malloy discusses the major aspects of Parliament through the lens of these two competing logics to explain the ongoing dissatisfaction with Parliament and perennial calls for parliamentary reform. It focuses on overarching analytical themes rather than exhaustive description. It centres people over procedure and theory, with strong emphasis given to dimensions of gender, race, and additional forms of diversity. Arguing for a holistic and realistic understanding of Parliament that recognizes and accepts that Parliament evolves and adapts, The Paradox of Parliament puts forward an important and novel interpretation of the many facets of Parliament in Canada.
Author : Donald Savoie Publisher : University of Toronto Press Page : 336 pages File Size : 43,5 Mb Release : 2003-12-15 Category : Political Science ISBN : 9781442659292
Canada's machinery of government is out of joint. In Breaking the Bargain, Donald J. Savoie reveals how the traditional deal struck between politicians and career officials that underpins the workings of our national political and administrative process is today being challenged. He argues that the role of bureaucracy within the Canadian political machine has never been properly defined, that the relationship between elected and permanent government officials is increasingly problematic, and that the public service cannot function if it is expected to be both independent of, and subordinate to, elected officials. While the public service attempts to define its own political sphere, the House of Commons is also in flux: the prime minister and his close advisors wield ever more power, and cabinet no longer occupies the policy ground to which it is entitled. Ministers, who have traditionally been able to develop their own roles, have increasingly lost their autonomy. Federal departmental structures are crumbling, giving way to a new model that eschews boundaries in favour of sharing policy and program space with outsiders. The implications of this functional shift are profound, having a deep impact on how public policies are struck, how government operates, and, ultimately, the capacity for accountability.
The Crisis of Parliamentary Democracy by Carl Schmitt Pdf
The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. Described both as "the Hobbes of our age" and as "the philosophical godfather of Nazism," Carl Schmitt was a brilliant and controversial political theorist whose doctrine of political leadership and critique of liberal democratic ideals distinguish him as one of the most original contributors to modern political theory. The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy. First published in 1923, it has often been viewed as an attempt to destroy parliamentarism; in fact, it was Schmitt's attempt to defend the Weimar constitution. The introduction to this new translation places the book in proper historical context and provides a useful guide to several aspects of Weimar political culture. The Crisis of Parliamentary Democracy is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy.
Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.
Work Your Career by Loleen Berdahl,Jonathan Malloy Pdf
"The supposed extinction of the Indigenous Beothuk people of Newfoundland in the early nineteenth century is a foundational moment in Canadian history. Increasingly under scrutiny, non-Indigenous perceptions of the Beothuk have had especially dire and far-reaching ramifications for contemporary Indigenous people in Newfoundland and Labrador. Tracing Ochre reassesses popular beliefs about the Beothuk. Placing the group in global context, Fiona Polack and a diverse collection of contributors juxtapose the history of the Beothuk with the experiences of other Indigenous peoples outside of Canada, including those living in former British colonies as diverse as Tasmania, South Africa, and the islands of the Caribbean. Featuring contributions of Indigenous and non-Indigenous thinkers from a wide range of scholarly and community backgrounds, Tracing Ochre aims to definitively shift established perceptions of a people who were among the first to confront European colonialism in North America."--
The Politics of Ontario by Cheryl N. Collier,Jonathan Malloy Pdf
Ontario is the most populous of Canada's provinces, contains the country's largest city, and continues to be the centre of finance, IT, and media. It is also experiencing significant changes and upheavals. The Politics of Ontario is the first comprehensive book on Ontario's politics, government, and public policy since Graham White's The Government and Politics of Ontario in 1997. Although The Politics of Ontario follows in the same tradition, it departs in several ways. While not losing sight of the enduring themes of Ontario politics and political culture, it reflects the fact that Ontario is no longer Canada's primary economic engine. Instead of emphasizing the continuity and gradual evolution of Ontario politics, it focuses on change, disruption, and the uncertainty of the political and policy environment through explorations of fiscal and economic policy, the environment, labour, multiculturalism, and the complexities of urbanization, with particular attention given to greater Toronto. The book is divided into four parts: Settings, Institutions, Politics, and Policy. It contains 28 charts, tables, and graphs, and features contributions by virtually all of the leading scholars in the field, including an introductory chapter by Graham White.
The Equilibrium of Parliamentary Law-making by Viktor Kazai Pdf
This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.
Drawing on history, politics, psychology and pop culture, the author traces the roots of sexual liberation to explain love's supreme paradox, and concludes that love's messiness, surprises and paradoxes are not merely the sources of its pain--but also of its pleasure.
The Paradox of Federalism by Jan Erk,Lawrence M. Anderson Pdf
The paradox of federalism is about whether self-rule accommodates or exacerbates ethnic divisions. A federal arrangement which formally recognizes ethno-linguistic diversity to help manage divisions can also pave the way for eventual disintegration. The case studies in this book cover a wide geographical basis (Canada, Scotland, Spain, Belgium, Bosnia, Kosovo, Russia, India, and Iraq) and seek to outline under what conditions federalism can deliver its promise of resolving ethnic conflict. The book aims to bridge those who study federalism and decentralization in the developed world and those who study the politics of ethnic divisions in the developing world. We also wanted to bridge the scholarship from the two sides of the Atlantic, as well as the subfields of Comparative Politics, International Relations, and Constitutional Politics. Furthermore, the volume has a number of high-profile senior scholars with name recognition from both sides of the Atlantic. The scope of the volume is wide – historically, methodologically, and geographically; and has relevance for the applied side as well as the theoretical literature. Consequently, we believe this is a timely collection on the high profile topic of Ethnic Conflict/Conflict Resolution. This book was based on a special issue of Regional and Federal Studies
British Government and the Constitution by Colin Turpin,Adam Tomkins Pdf
The first five editions of this well established book were written by Colin Turpin. This new edition has been prepared jointly by Colin Turpin and Adam Tomkins. This edition sees a major restructuring of the material, as well as a complete updating. New developments such as the Constitutional Reform Act 2005 and recent case law concerning the sovereignty of Parliament, the Human Rights Act, counter-terrorism and protests against the Iraq War, among other matters, are extracted and analysed. While it includes extensive material and commentary on contemporary constitutional reform, Turpin and Tomkins is a book that covers the historical traditions and the continuity of the British constitution as well as the current tide of change. All the chapters contain detailed suggestions for further reading. Designed principally for law students the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law. As such it is essential reading also for politics and government students. Much of the material has been reworked and with its fresh design the book provides a detailed yet accessible account of the British constitution at a fascinating moment in its ongoing development.
Peace, Order, and Good Government by Clement Macintyre,John Matthew Williams,John Williams Pdf
Fundamental reform of State Constitutions is needed now more than ever. Indeed, the process is under way in all States and Territories. Across Australia there is a growing belief that public institutions must be made more relevant to the needs of an increasingly restless electorate.
Parliamentary Oversight of the Executives by Elena Griglio Pdf
Oversight of executives has always been a key function of parliaments and one that is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this trend in parliaments across Europe, to illustrate points of convergence and divergence. In so doing, it suggest tools and methods that parliaments can develop to bolster their crucial oversight role.