Download or read book The Charter of Rights and the Legalization of Politics in Canada written by Michael Mandel and published by . This book was released on 1989 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Charter of Rights the Legalization of Politics in Canada written by Michael Mandel and published by Thompson Educational Pub. This book was released on 1994-01-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1982 Canada put a Charter of Rights and Freedoms in its constitution and dramatically changed the nature of Canadian politics by giving the courts, and especially the Supreme Court, a general superintendence over all aspects of government and by making debates about the constitution a dominant theme of Canadian political life. In this thoroughly revised and updated edition of his original 1989 work, Michael Mandel, Professor at York University's Osgoode Hall Law School, critically examines the history and philosophy of the phenomenon of 'legal politics' and the way it has transformed the politics of language, crime, immigration, labour, business, race and gender. A case-by-case study of the important constitutional decisions of the eighties and nineties is joined by a detailed analysis of such major constitutional events as the Meech Lake Accord and the Charlottetown Accord and referendum.
Download or read book Myth of the Sacred written by Donald E. Abelson and published by McGill-Queen's Press - MQUP. This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical look at the interaction of constitutional litigation and politics in Canada following the entrenchment of the Canadian Charter of Rights and Freedoms in 1982.
Download or read book Charting the Consequences written by David Schneiderman and published by University of Toronto Press. This book was released on 1997 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Other works have focused on the jurisprudence of the Charter - its internal coherence or its implications for the role of courts. Charting the Consequences considers 'externalities' - the effect of the Charter and its jurisprudence on non-constitutional aspects of the law and on the dynamics of legislative power, provincial politics, and social movements.
Download or read book Questions of Modernity written by Timothy Mitchell and published by U of Minnesota Press. This book was released on 1994 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his introduction to this collection of essays by constitutional experts, Philip Bryden says that Canadians can be proud of their commitment to the protection of rights and liberties in the Charter. Canada, he believes, is a better place to live then it would be otherwise. Nevertheless, as the essays in this book reveal, the case in favour of the Charter is not simple or one-sided. For instance, Kim Campbell, minister of justice at the time of writing, and Jeffrey Simpson of the Globe and Mail express concern that the Charter promotes a rights discourse that threatens to overwhelm the ordinary politics of recognizing and accommodating different interests. Dean Lynn Smith of the University of British Columbia law faculty observes that the Charter rights are better understood as complementing than as supplanting traditional mechanisms. The authors, diverse in background and outlook, reflect varying points of view but share a significant degree of consensus on issues that need to be addressed.
Download or read book The Charter of Rights written by Ian Greene and published by James Lorimer & Company. This book was released on 1989-01-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1989, this volume reflects on the Charter of Rights and Freedoms of the 1982 Canadian Constitution, considering its implications for the future development of the nation. The book offers a concise analysis of what the Charter says and what the courts had, to the time of publication, taken it to mean. Beginning with a discussion of the Charter's origins, Greene then dissects the various clauses of the document before turning to Charter decisions already rendered by the Supreme Court. The Charter of Rights is a thoughtful primer of the Charter and its impact on the collective life of Canadians.
Download or read book Rights and Realities written by Jonathan L. Black-Branch and published by Routledge. This book was released on 2018-08-13 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997, this volume examines the enactment of the Canadian Charter of Rights and Freedoms precipitated change within educational institutions, affecting all levels of governance, administration and day-to-day teaching. This book illustrates the ways in which such change has transpired by first presenting the significance of the Charter, and subsequently focusing on case law. The book concludes with an analysis of the politicization of the judiciary within the education sector. In essence, the primary objective of this book is to clarify the effects and implications of the Charter on and for educational practice in Canada. The secondary objective is to put the impact of the Charter into a more general political framework.
Download or read book The Politics of the Charter written by Andrew Petter and published by University of Toronto Press. This book was released on 2010-01-10 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Petter is a leading constitutional scholar who served from 1991 to 2001 as a British Columbia MLA and cabinet minister, including Attorney General. In The Politics of the Charter, Petter assembles a set of his original essays written over three decades to provide a coherent critique of the political nature, impact, and legitimacy of the Canadian Charter of Rights and Freedoms. Showing how Charter rights have been shaped by the institutional character of the courts and by the ideological demands of liberal legalism, the essays contend that the Charter has diverted progressive political energies and facilitated the rise of neo-conservatism in Canada. Drawing upon his constitutional expertise and political experience, Petter evaluates the Charter in practical, legal, and philosophical terms. These essays, along with a new introduction and conclusion, map out Petter's political philosophy and review the entirety of the Charter record. The Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.
Download or read book The Charter of Rights and Freedoms written by Ian Greene and published by James Lorimer & Company. This book was released on 2014-11-18 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadas Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouvers Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. Public discussion of the Charter is often framed around the question of who should make these important decisions elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded or failed to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
Download or read book Constitutional Politics in Canada and the United States written by Stephen L. Newman and published by SUNY Press. This book was released on 2004-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
Download or read book Charter Politics written by Rainer Knopff and published by Scarborough, Ont. : Nelson Canada. This book was released on 1992 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contested Constitutionalism written by James B. Kelly and published by UBC Press. This book was released on 2010-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Download or read book Politics and the Constitution written by Patrick Monahan and published by Thomson Carswell. This book was released on 1987 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Governing with the Charter written by James B. Kelly and published by UBC Press. This book was released on 2011-11-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Download or read book The Charter Revolution and the Court Party written by F.L. Morton and published by Peterborough, Ont. : Broadview Press. This book was released on 2000-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University
Download or read book Canadian Constitutional Conventions written by Andrew David Heard and published by Oxford University Press Canada. This book was released on 1991 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides the first comprehensive text offering insight into the nature of the conventional rules that work in the Canadian constitution. Heard deals with the principal conventions governing prerogative powers of the crown, cabinet decision making and administrative behavior, parliament and provincial legislatures, federalism and federal provincial relations, the judiciary, and foreign relations.
Download or read book Limiting Rights written by Janet Hiebert and published by McGill-Queen's Press - MQUP. This book was released on 1996 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limiting Rights is an in-depth exploration of who is, and who should be, responsible for determining whether legislation that conflicts with the entrenched rights of the Charter of Rights and Freedoms should nevertheless be upheld as a reasonable limit on protected rights. Janet Hiebert addresses a topic that threatens to undermine claims that what courts do can be distinguished from the discretionary decisions of policy makers and raises concerns about whether judicial review of the Charter is consistent with democratic principles.
