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Canadian Pluralism And The Charter
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Book Synopsis Canadian Pluralism and the Charter by : Derek B. M. Ross
Download or read book Canadian Pluralism and the Charter written by Derek B. M. Ross and published by . This book was released on 2019 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The role of the state in resolving social tensions rooted in competing "sets of ultimate commitments" among citizens, and the role of the law in resolving such moral conflicts between the citizen and the state. How, and why, differences ought to be accommodated in a free and democratic society. The issues explored are becoming intensely pertinent as Canada's religious diversity increases, the state expands into areas traditionally seen as private, and state actors seek to promote certain 'values'."--
Book Synopsis Law and Religious Pluralism in Canada by : Richard J. Moon
Download or read book Law and Religious Pluralism in Canada written by Richard J. Moon and published by UBC Press. This book was released on 2009-05-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
Book Synopsis Canadian Pluralism and the Charter by : Derek B. M. Ross
Download or read book Canadian Pluralism and the Charter written by Derek B. M. Ross and published by . This book was released on 2019 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The role of the state in resolving social tensions rooted in competing "sets of ultimate commitments" among citizens, and the role of the law in resolving such moral conflicts between the citizen and the state. How, and why, differences ought to be accommodated in a free and democratic society. The issues explored are becoming intensely pertinent as Canada's religious diversity increases, the state expands into areas traditionally seen as private, and state actors seek to promote certain 'values'."--
Book Synopsis Dialogues on Human Rights and Legal Pluralism by : René Provost
Download or read book Dialogues on Human Rights and Legal Pluralism written by René Provost and published by Springer Science & Business Media. This book was released on 2012-08-10 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Book Synopsis Canada in the World by : Richard Albert
Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2017-11-02 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Book Synopsis Canada and the Ethics of Constitutionalism by : Samuel V. Laselva
Download or read book Canada and the Ethics of Constitutionalism written by Samuel V. Laselva and published by McGill-Queen's Press - MQUP. This book was released on 2018-12-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis Us, Them and Others by : Elke Winter
Download or read book Us, Them and Others written by Elke Winter and published by University of Toronto Press. This book was released on 2011-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do countries come to view themselves as being 'multicultural'? Us, Them, and Others presents a dynamic new model for understanding pluralism based on the triangular relationship between three groups the national majority, historically recognized minorities, and diverse immigrant bodies. Elke Winter's research illustrates how compromise between unequal groups is rendered meaningful through confrontation with real or imagined outsiders. Us, Them, and Others sheds new light on the astonishing resilience of Canadian multiculturalism in the late 1990s, when multicultural policies in other countries had already come under heavy attack. Winter draws on analyses of English-language newspaper discourses and a sociological framework to connect discourses of pan-Canadian multicultural identity to representations of Quebecois nationalism, immigrant groups, First Nations, and the United States. Taking inspiration from the Canadian experience, Us, Them, and Others is an enticing examination of national identity and pluralist group formation in diverse societies.
Book Synopsis FORGOTTEN FUNDAMENTAL FREEDOMS OF THE CHARTER. by : DWIGHT. NEWMAN
Download or read book FORGOTTEN FUNDAMENTAL FREEDOMS OF THE CHARTER. written by DWIGHT. NEWMAN and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Book Synopsis Forms of Pluralism and Democratic Constitutionalism by : Jean L. Cohen
Download or read book Forms of Pluralism and Democratic Constitutionalism written by Jean L. Cohen and published by Columbia University Press. This book was released on 2018-09-25 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.
Book Synopsis Multiculturalism and the Canadian Constitution by : Stephen Tierney
Download or read book Multiculturalism and the Canadian Constitution written by Stephen Tierney and published by Law and Society (Paperback). This book was released on 2008-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada has often been cited internationally for its success as a multicultural society and for its ability to manage this diversity through a federal constitution. The strands of diversity include the constitutional relationship between English and French Canada, federalism more generally, the status of Aboriginal peoples, Canada’s immigration and integration strategies, affirmative action, and a general guarantee of equal protection for men and women. Together they tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. Multiculturalism and the Canadian Constitution brings together scholars of cultural diversity from backgrounds in law, political science, and history to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. Wide-ranging and provocative, the essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Book Synopsis Canada and the Ethics of Constitutionalism by : Samuel V. LaSelva
Download or read book Canada and the Ethics of Constitutionalism written by Samuel V. LaSelva and published by McGill-Queen's Press - MQUP. This book was released on 2018-12-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become.
Book Synopsis Rethinking National Identity in the Age of Migration by : Migration Policy Institute
Download or read book Rethinking National Identity in the Age of Migration written by Migration Policy Institute and published by Verlag Bertelsmann Stiftung. This book was released on 2012-11-30 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater mobility and migration have brought about unprecedented levels of diversity that are transforming communities across the Atlantic in fundamental ways, sparking uncertainty over who the "we" is in a society. As publics fear loss of their national identity and values, the need is greater than ever to reinforce the bonds that tie communities together. Yet, while a consensus may be emerging as to what has not worked well, little thought has been given to developing a new organizing principle for community cohesion. Such a vision needs to smooth divisions between immigration's "winners and losers," blunt extremism, and respond smartly to changing community and national identities. This volume will examine the lessons that can be drawn from various approaches to immigrant integration and managing diversity in North America and Europe. The book delivers recommendations on what policymakers must do to build and reinforce inclusiveness given the realities on each side of the Atlantic. It offers insights into the next generation of policies that can (re)build inclusive societies and bring immigrants and natives together in pursuit of shared futures.
Book Synopsis Charter Versus Federalism by : Alan Cairns
Download or read book Charter Versus Federalism written by Alan Cairns and published by McGill-Queen's Press - MQUP. This book was released on 1992 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Charter Versus Federalism, Alan Cairns provides an insightful analysis of the consequences -- for citizen and government alike -- of the changes undergone by the Canadian constitution, especially since 1982. He also illuminates the difficulties of resolving the constitutional tensions between Quebec and The Rest of Canada.
Book Synopsis Taking Pluralism Seriously by : Félix Mathieu
Download or read book Taking Pluralism Seriously written by Félix Mathieu and published by McGill-Queen's Press - MQUP. This book was released on 2022-06-15 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: In so-called post-factual societies, where public debates are undermined by their false or misleading premises, philosophers who have reflected on diversity and pluralism can offer a critical and clarifying perspective through which to evaluate the statements of politicians and the media. Félix Mathieu offers a theoretical, empirical, and normative analysis of the debates surrounding the accommodation of ethnocultural and societal diversity in contemporary liberal democracies. With a close lens on Canada, he looks at case studies in the United Kingdom and the Netherlands to test political leaders’ and analysts’ claims of successful accommodation and pluralism. Taking Pluralism Seriously provides a clear, fair, and helpful summary of the debate so far in order to understand the promises and pitfalls associated with theories of multiculturalism, interculturalism, federalism, and multinational democracy, investigating the conditions that might make it possible for different national communities to become fully empowered, politically and culturally. Taking Pluralism Seriously invites readers to explore questions of pluralism and accommodation and proposes political reforms to meet the challenges arising from diversity, while considering some of the most pressing concerns complex societies are facing today.
