Download or read book The Notwithstanding Clause Section 33 of the Charter of Rights Rev written by and published by . This book was released on 1992 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 33 of the Canadian Charter of Rights and Freedoms, more popularly known as the 'notwithstanding clause', permits provincial legislatures as well as the federal parliament to opt out of, or override, many of the Charter's protections. This so-called override power has become the subject of growing controversy, especially with the passage of Quebec's Bill 178 regarding the language displayed on signs. This paper reviews the arguments in support of, and in opposition to, Section 33. It examines the nature of the notwithstanding clause, which kinds of rights and freedoms can be overridden, how the clause is invoked, how and why it was used in Bill 178, where else the override power has been exercised, and whether the clause's inclusion in the Charter is a setback in Canadian legal history. Finally, the paper looks at how the debate over Section 33 has given rise to a resolution of the Ontario legislature and a recommendation by one of its committees.
Download or read book The Notwithstanding Clause of the Charter Rev written by and published by . This book was released on 1997 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms has been controversial since its emergence from the November 1981 Federal-Provincial Conference of the First Ministers. This paper discusses the content and origins of section 33, the November 1981 First Ministers' conference, the framers' intentions, and the debate on the override.
Download or read book The Notwithstanding Clause written by Ontario. Legislative Research Service and published by . This book was released on 1992 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Notwithstanding Clause section 33 of the Charter of Rights written by Ontario. Legislative Research Service and published by . This book was released on 1987 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Section 33 the Notwithstanding Clause written by Howard A. Leeson and published by . This book was released on 2000 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Download or read book A Consolidation of the Constitution Acts 1867 to 1982 written by Canada and published by Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB). This book was released on 1983 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consolidated as of April 17, 1982.
Download or read book Bills of Rights written by Mark Tushnet and published by Routledge. This book was released on 2017-07-05 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the justifications for using bills of rights to protect fundamental human rights and the mechanisms for enforcing provisions in those documents. Articles deal with different forms of judicial enforcement and with legislative enforcement, of rights protected by such documents. The collection includes a road-map for evaluating the effectiveness of these alternative enforcement mechanisms.
Download or read book Litigating Rights written by Grant Huscroft and published by Bloomsbury Publishing. This book was released on 2002-01-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.
Download or read book The Statute of Westminister and Dominion Status written by Kenneth Clinton Wheare and published by . This book was released on 1949 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights and Judicial Review A Comparative Perspective written by David M. Beatty and published by BRILL. This book was released on 2021-09-27 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Download or read book And No One Cheered written by Keith G. Banting and published by Taylor & Francis. This book was released on 1983 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
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 Contested Words written by Ian Cram and published by Routledge. This book was released on 2016-05-13 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue between the different spheres of the constitution, removed from pressures imposed on elected representatives to respond to popular sentiment. This book provides a critical evaluation of ongoing debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society - namely, liberty of expression. A range of types of expression are considered, including expression related to electoral processes, political expression in general and sexually explicit forms of expression.
Download or read book The Notwithstanding Clause and the Canadian Charter written by Peter L. Biro and published by McGill-Queen's Press - MQUP. This book was released on 2024-04-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens’ recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada. The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.
Download or read book The Charter of Rights and Freedoms written by Robert J. Sharpe and published by . This book was released on 2005 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: No other Canadian book provides such an accessible yet thorough and objective account of the "Canadian Charter of Rights and Freedoms." The text has been thoroughly updated to reflect "Charter" jurisprudence since publication of the second edition in 2002. It covers the history of the "Charter," legitimacy of judicial review, limitation of "Charter" rights, "Charter" litigation, language rights, equality rights, and "Charter" rights of the criminally accused.
