Download or read book Reconceptualizing the Notwithstanding Clause written by Breandan Flynn and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its entrenchment in the Canadian Constitution in 1982, The Charter of Rights and Freedoms has garnered both scrutiny and praise from supporters and detractors alike. The section of the Charter which has been, and continues to be, the most misunderstood and most highly criticized is section 33, known colloquially as the "the notwithstanding clause". S.33 is viewed by its critics as being both undemocratic and rights effacing. It is misunderstood by many of its critics as being a legislative override of judicial review, even though the word override does not appear, nor has it ever appeared, in the language of the notwithstanding clause. Rather than being considered an override, S.33, should be considered as a check and balance on judicial power, and what s.33 offers is something much more interesting and worthwhile than a simple override of judicial review. This thesis argues that s.33, rather than simply providing a legislative body with the ability to override judicial decisions with which they do not agree, provides the judicial and legislative branches of government with an avenue to further a constructive dialogue. Rather than being a check and balance which cuts the power of the judiciary off at the knees, this check and balance infuses the relationship between the judicial and legislative branches with an air of moderation. S.33 can formalize the view that the branches of government do not work independently from one another, but rather that they work interdependently with one another. In this way s.33 acts as a mechanism that can bridge the gap between Canada's history as a federation which adheres to the principle of parliamentary supremacy and Canada's current position as a federation which adheres to the principle of constitutional supremacy.
Download or read book Reconceptualizing International Investment Law from the Global South written by Fabio Morosini and published by Cambridge University Press. This book was released on 2017-10-26 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order. Countries in the North and South are currently rethinking how economic order should be constituted in order to advance their national interests and preferred economic orientation. While some countries in the North seek to create alternative institutional spaces in order to promote neoliberal policies more effectively, some countries in the South are increasingly skeptical of this version of economic order and are experimenting with alternative versions of legal ordering that do not always sit well with mainstream versions promoted by the North. While we recognize that there are differences in approaches to the investment regimes proposed by countries in the South, we identify commonalities that could function as the founding pillars of an alternative economic order.
Download or read book Body Count written by William John Bennett and published by . This book was released on 1996 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Body Count diagnoses America's plague of violent crime. Its authors - William Bennett, John DiIulio, and John Walters - define the epidemic's size, its range, and its scope. Through stories and anecdotes they present the very real human tragedies behind the numbers. Most important, they describe the source of violent crime: abject moral poverty, the destitution visited upon children raised without loving, capable, responsible adults who teach right from wrong. Though dozens of other explanations have been offered for America's horrifying rates of violent crime - from academics and clinicians, cops and social workers, politicians on the right and the left - they are, at best, proxies for the real cause. It is not prisons (or their scarcity), guns (or their excess), the death penalty, the exclusionary rule, or even material impoverishment. Look to the root of a criminally twisted tree, the authors argue, and you will find only moral poverty and its parasite: drug abuse." "And argue they do, with both powerful rhetoric and rigorous analysis. Bennett, DiIulio, and Walters demolish such myths as economic poverty causes crime; the United States imprisons a disproportionate number of its citizens; drug abuse is a victimless crime...and nothing useful can be done about it anyway; the death penalty is today a major deterrent of crime; and incarceration doesn't work." "Each and every one of these myths is not merely wrong but tragically mistaken. The authors draw upon an immense fund of hard data and offer some of the most serious analysis ever given to America's criminal justice system - a system designed to protect America from violent crime, a system that has, for all practical purposes, failed, with one in three violent crimes committed by a person on either probation, parole, or pre-trial release. Body Count offers a radically new reading of the problem, proposes controversial but necessary policies at every level of government, profiles cities that are making progress against violent crime, and appeals to responsible citizens from all points on the political compass to join forces in the battle against moral poverty. It is certain to be one of the most read, discussed, and argued about books of the year."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Download or read book Indigenous Difference and the Constitution of Canada written by Patrick Macklem and published by University of Toronto Press. This book was released on 2001-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Download or read book Globalization and Environmental Challenges written by Hans Günter Brauch and published by Springer Science & Business Media. This book was released on 2008-01-23 with total page 1141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Put quite simply, the twin impacts of globalization and environmental degradation pose new security dangers and concerns. In this new work on global security thinking, 91 authors from five continents and many disciplines, from science and practice, assess the worldwide reassessment of the meaning of security triggered by the end of the Cold War and globalization, as well as the multifarious impacts of global environmental change in the early 21st century.
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book The Inclusionary Turn in Latin American Democracies written by Diana Kapiszewski and published by Cambridge University Press. This book was released on 2021-02-04 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.
Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Download or read book Charter Litigation written by Robert J. Sharpe and published by Butterworth-Heinemann. This book was released on 1987 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stabilization and Renegotiation Clauses in State Contracts National Law and Investment Treaties written by Abdallah Ali and published by BRILL. This book was released on 2024-02-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
Download or read book Personal Justice Denied written by United States. Commission on Wartime Relocation and Internment of Civilians and published by . This book was released on 1983 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Neoliberal Parliamentarism written by Tom McDowell and published by University of Toronto Press. This book was released on 2021-11-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Neoliberal Parliamentarism, Tom McDowell provides an alternative approach to understanding the decline of parliament at the Ontario legislature, an approach that highlights the politics of neoliberalism and the significant impact it has had over the last four decades. McDowell offers a structural critique of parliament, claiming that restrictions on the legislature cannot be separated from the ascendance of neoliberalism as the dominant social and policy paradigm in the province. Tracking the evolution of procedure at the Ontario Legislature from 1981 to 2021, McDowell shows that, beginning in the early 1980s, the establishment of increasingly restrictive procedural rules was critical in securing the passage of controversial neoliberal restructuring policies. Further, he argues that the decades-long shift towards de-democratization and the concentration of political power in the executive ought to be understood in the context of neoliberalism’s rejection of parliamentary sovereignty and legal positivism. As an in-depth study of the implementation of neoliberalism policy on the political apparatus of Ontario, Neoliberal Parliamentarism is critical reading for scholars and students interested in the relationship between neoliberalism and de-democratization, the politics of Ontario, and parliamentary procedure more broadly.
Download or read book Alberta Law Review written by and published by . This book was released on 2007 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Access to Justice written by Deborah L. Rhode and published by Oxford University Press. This book was released on 2004-09-23 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.
Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
