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Amending Formula
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Book Synopsis Origins and Meaning of Section 92A by : J. Peter Meekison
Download or read book Origins and Meaning of Section 92A written by J. Peter Meekison and published by IRPP. This book was released on 1985 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to answer, to the extent that they can be answered without judicial decisions to clarify some doubtful issues, questions concerning section 92A of the Constitution. Critical questions for the people of Western Canada and the petroleum industry, they include queries concerning the shift in provincial versus federal powers.
Book Synopsis Constitutional Amendment in Canada by : Emmett Macfarlane
Download or read book Constitutional Amendment in Canada written by Emmett Macfarlane and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.
Book Synopsis Accommodating Cultural Diversity by : Stephen Tierney
Download or read book Accommodating Cultural Diversity written by Stephen Tierney and published by Routledge. This book was released on 2016-03-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.
Book Synopsis Constitutional Amendment in Canada by : Emmett Macfarlane
Download or read book Constitutional Amendment in Canada written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2016-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.
Book Synopsis Canadian Federalism and Its Future by : Alain-G. Gagnon
Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Book Synopsis Government and Politics in Alberta by : Allan Tupper
Download or read book Government and Politics in Alberta written by Allan Tupper and published by University of Alberta. This book was released on 1992 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alberta's politics are changing in response to powerful economic, social and political forces. The contributors focus on developments since the election of the Progressive Conservatives in 1971.
Book Synopsis Forging Alberta's Constitutional Framework by : Richard Connors
Download or read book Forging Alberta's Constitutional Framework written by Richard Connors and published by University of Alberta. This book was released on 2005-11 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forging Alberta’s Constitutional Framework analyzes the principal events and processes that precipitated the emergence and formation of the law and legal culture of Alberta from the foundation of the Hudson’s Bay in 1670 until the eve of the centenary of the Province in 2005. The formation of Alberta’s constitution and legal institutions was by no means a simple process by which English and Canadian law was imposed upon a receptive and passive population. Challenges to authority, latent lawlessness, interaction between indigenous and settler societies, periods (pre- and post-1905) of jurisdictional confusion, and demands for individual, group, and provincial rights and recognitions are as much part of Alberta’s legal history as the heroic and mythic images of an emergent and orderly Canadian west patrolled from the outset by red coated mounted police and peopled by peaceful and law-abiding subjects of the Crown. Papers focus on the development of criminal law in the Canadian west in the nineteenth century; the Natural Resources Transfer Agreement of 1930; the National Energy Program of the 1980s; Federal-Provincial relations; and the role and responsibilities of the offices of Justices of the Peace and of the Lieutenant-Governor; and the legacies of the Lougheed and Klein governments.
Book Synopsis The Constitution of Canada by : Jeremy Webber
Download or read book The Constitution of Canada written by Jeremy Webber and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book introduces and describes the principal characteristics of the Canadian constitution, including Canada's institutional structure and the principal drivers of Canadian constitutional development. The constitution is set in its historical context, noting especially the complex interaction of national and regional societies that continues to shape the constitution of Canada. The book argues that aspects of the constitution are best understood in 'agonistic' terms, as the product of a continuing encounter or negotiation, with each of the contending interpretations rooted in significantly different visions of the relationship among peoples and societies in Canada. It suggests how these agonistic relationships have, in complex ways, found expression in distinctive doctrines of Canadian constitutional law and how these doctrines represent approaches to constitutional legality that may be more widely applicable. As such, the book charts the Canadian expression of trans-societal constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes. 'The Constitution of Canada is a masterpiece – an outstanding and original study of the Canadian constitutional experience by one of Canada's leading legal scholars. Webber explains the history, characteristics and resourcefulness of the living constitution in non-technical and illuminating language. He also shows how the constitution is shaped by the engagement and interaction of the diverse people of Canada, who are simultaneously subjects and active citizens of it – a dynamic he calls “agonistic constitutionalism”.' James Tully, Distinguished Professor, University of Victoria 'Jeremy Webber has given us a rich, contextual account of Canada's constitution. Webber moves beyond the confines of constitutional texts and judicial decisions and grounds his account in the circumstances of the country's history. Only such an account can capture the deep diversity that is the hallmark of Canada's constitutional culture.' Peter Russell, Professor Emeritus, University of Toronto
Book Synopsis Judicial Power and Canadian Democracy by : Paul Howe
Download or read book Judicial Power and Canadian Democracy written by Paul Howe and published by McGill-Queen's Press - MQUP. This book was released on 2001-03-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the state of public opinion on Canada's courts. Those interested in the power of the judicial branch will find much in this collection to stimulate fresh thinking on issues that are likely to remain on the public agenda for years to come. Contributors include Joseph F. Fletcher (Toronto), Janet Hiebert (Queen's), Gregory Hein (Toronto), Peter W. Hogg (York), Paul Howe, Rainer Knopff (Calgary), Sébastien Lebel-Grenier (Sherbrooke), Howard Leeson (Regina), Kate Malleson (London School of Economics), E. Preston Manning (Reform Party of Canada), Hon. Beverley McLachlin (Supreme Court of Canada), F.L. Morton (Calgary), Pierre Patenaude (Sherbrooke), Peter Russell, Allison A. Thornton (Blake, Cassels and Graydon), Frederick Vaughan (emeritus, Guelph), Lorraine Eisenstat Weinrib (Toronto), Hon. Bertha Wilson (emeritus, Supreme Court of Canada), and Jacob Ziegel (Toronto).
Download or read book Federalism written by Jennifer Smith and published by UBC Press. This book was released on 2004 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where federal states seem to exist precariously, politicians and academics from around the globe continue to look to Canada as a model of federalism. And yet, our own system of organization and governance also appears strained: Quebec nationalism, First Nations’ claims, the regionalization of party politics, and the uneven and shifting delivery of essential services have all altered the face of federal politics. Federalism explains how Canada came to be a federation (what reasons there were for it, and against it, historically); what the challenges to federalism currently are; and how we might fortify some areas of weakness in the federal system. Jennifer Smith argues that federalism is part of the democratic problem now; however, reformed, it can be part of the solution. Since theorists disagree on the democratic credentials of federalism, it is essential to look at how a real federal system operates. Smith examines the origins of Canadian federalism and its special features, then analyzes it in relation to the benchmarks of the Canadian Democratic Audit project: responsiveness, inclusiveness, and participation. Finding that Canadian federalism falls short on each benchmark, she recommends changes ranging from virtual regionalism to a Council of the Federation that includes Aboriginal representatives. Democracy is about more than the House of Commons or elections. It is also about federalism. This sparkling account of Canadian federalism is a must-read for students and scholars of Canadian politics, politicians and policymakers, and those who care about Canadian democracy.
Book Synopsis Engineering Constitutional Change by : Xenophōn I. Kontiadēs
Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Book Synopsis Can Canada Survive? by : David M. Hayne
Download or read book Can Canada Survive? written by David M. Hayne and published by University of Toronto Press. This book was released on 1997-12-15 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is facing a critical period in its history. The Royal Society of Canada believed it had the responsibility to instigate both deep reflection and debate within the vast and diverse intellectual network it represents throughout Canada. In November 1996, the Fellows of all three Academies of the Society gathered to discuss perspectives on Canada's future.
Book Synopsis Canadian Constitution in Transition by : Richard Albert
Download or read book Canadian Constitution in Transition written by Richard Albert and published by University of Toronto Press. This book was released on 2019-01-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
Book Synopsis Improving Canada's Democracy by : Terry Julian
Download or read book Improving Canada's Democracy written by Terry Julian and published by Trafford Publishing. This book was released on 2002 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Charter versus Federalism by : Alan C. Cairns
Download or read book Charter versus Federalism written by Alan C. Cairns and published by McGill-Queen's Press - MQUP. This book was released on 1992-02-18 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to the increasing diversity of the Canadian population -- and to an increasing sensitivity to historical diversities -- the 1982 Constitution Act amended the British North America Act and introduced the Charter of Rights and Freedoms, giving new powers to heterogeneous groups within the Canadian polity. These changes disturbed the equilibrium of an older, federalist Canada whose constitutional concerns were limited to the relative powers of federal and provincial governments and to French-English ethnic/linguistic questions. Cairns underlines the significance of international influences on the development of Canada's constitution, in particular the adoption of the Charter, and examines the constitution's role in shaping Canadians' civic identities and community conceptions. He argues that the constitution is a powerful mobilizing instrument that shapes the people subject to its authority. Canada is now populated by what Cairns calls "Charter Canadians," who see themselves as rights-bearers and tend to look to the federal government as the effective focus of political community. During the Meech Lake affair, the demands of Charter Canadians and politicized aboriginal peoples clashed with Quebec's constitutional aspirations as well as older élite accommodation politics. In addition to the Charter, the 1982 Constitution Act contained a new amending formula that contradicted the Charter's message that the rights of individuals precede those of governments. This formula gave a collective of federal and provincial governments a formal monopoly on constitutional change and encouraged the belief, refuted by the Meech Lake experience, that they could amend the constitution in terms of their own self-interest and announce the results as a fait accompli. The clash between the Charter and the amending formula is constitutionally destabilizing, Cairns argues, because these two parts of the same constitution are based on different understandings of the fundamental purpose of the constitution and for whose benefit it exists. The Meech Lake fiasco, having brought Canada to the brink of disaster, clearly indicates that Canada's future constitutional health depends not only on the reconciliation of Quebec with the rest of Canada but -- respectful of the Charter's message -- on a simultaneous constitutional rapprochement between citizens and governments in the process of constitutional reform.
Book Synopsis The Canadian Regime by : Patrick Malcolmson
Download or read book The Canadian Regime written by Patrick Malcolmson and published by University of Toronto Press. This book was released on 2021 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a concise explanation of the fundamental principles and primary institutions of the Canadian political regime.
Book Synopsis The Quebec Decision by : David Schneiderman
Download or read book The Quebec Decision written by David Schneiderman and published by James Lorimer & Company. This book was released on 1999 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court decision on Quebec, delivered in August 1998, was hailed as a victory by both federalists and sovereigntists. This book explains the reasons for this historic decision. It includes the full text of the Supreme Court's opinion together with essays and other key documents. David Schneiderman, Executive Director of the Centre for Constitutional Studies at the University of Alberta, provides a thoughtful introduction to the decision and the debates surrounding it. He has selected a wide range of essays that explore the profound implications of the Court's decision for Canada's future. Anyone interested in Quebec and the future of Canadian federalism will find The Quebec Decision an invaluable resource.
