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Constitutional Pariah
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Book Synopsis Constitutional Pariah by : Emmett Macfarlane
Download or read book Constitutional Pariah written by Emmett Macfarlane and published by UBC Press. This book was released on 2021-04-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Book Synopsis Constitutional Crossroads by : Kate Puddister
Download or read book Constitutional Crossroads written by Kate Puddister and published by UBC Press. This book was released on 2022-12-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.
Book Synopsis Equality and Liberty in the Golden Age of State Constitutional Law by : Jeffrey M Shaman
Download or read book Equality and Liberty in the Golden Age of State Constitutional Law written by Jeffrey M Shaman and published by Oxford University Press. This book was released on 2008-04-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
Book Synopsis The Collaborative Constitution by : Aileen Kavanagh
Download or read book The Collaborative Constitution written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2023-09-30 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Download or read book Pariah written by Tom Nairn and published by Verso. This book was released on 2002-09-17 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: When political victories are based on a fraction of the electoral register, perish looks like the only way towards reform.
Book Synopsis Citizen and Pariah by : Vanya Gastrow
Download or read book Citizen and Pariah written by Vanya Gastrow and published by NYU Press. This book was released on 2022-03 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizen and Pariah explores the fragility of law, pluralism and democracy in South Africa by investigating Somali informal shopkeepers’ experiences of crime, justice and regulation in the country. Through a narrative account of their local experiences, the book sheds light on the legal and political predicaments they face.
Book Synopsis Constitutional Crossroads by : Kate Puddister
Download or read book Constitutional Crossroads written by Kate Puddister and published by . This book was released on 2023-01-05 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legislating under the Charter by : Emmett Macfarlane
Download or read book Legislating under the Charter written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2023-03-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
Book Synopsis The Debates of the Constitutional Convention of the State of Maryland, Assembled at the City of Annapolis, Wednesday, April 27, 1964 by : Maryland. Constitutional Convention
Download or read book The Debates of the Constitutional Convention of the State of Maryland, Assembled at the City of Annapolis, Wednesday, April 27, 1964 written by Maryland. Constitutional Convention and published by . This book was released on 1864 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Open Federalism Revisited by : James Farney
Download or read book Open Federalism Revisited written by James Farney and published by University of Toronto Press. This book was released on 2021-11-08 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Open Federalism Revisited provides a systematic, encompassing assessment of Canadian federalism in the Harper era, offering a fresh perspective in federalism scholarship.
Book Synopsis EU Law and National Constitutions by : Alberto Nicòtina
Download or read book EU Law and National Constitutions written by Alberto Nicòtina and published by Taylor & Francis. This book was released on 2023-12-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.
Book Synopsis Courts and Judicial Activism under Crisis Conditions by : Martin Belov
Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Book Synopsis Records & Briefs New York State Appellate Division by :
Download or read book Records & Briefs New York State Appellate Division written by and published by . This book was released on with total page 1202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Paradox of Parliament by : Jonathan Malloy
Download or read book The Paradox of Parliament written by Jonathan Malloy and published by University of Toronto Press. This book was released on 2023-02-27 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Paradox of Parliament provides a comprehensive analysis of all aspects of Parliament in order to explain the paradoxical expectations placed on the institution. The book argues that Parliament labours under two different "logics" of its purpose and primary role: one based on governance and decision-making and one based on representation and voice. This produces a paradox that is common to many legislatures, but Canada and Canadians particularly struggle to recognize and reconcile the competing logics. In The Paradox of Parliament, Jonathan Malloy discusses the major aspects of Parliament through the lens of these two competing logics to explain the ongoing dissatisfaction with Parliament and perennial calls for parliamentary reform. It focuses on overarching analytical themes rather than exhaustive description. It centres people over procedure and theory, with strong emphasis given to dimensions of gender, race, and additional forms of diversity. Arguing for a holistic and realistic understanding of Parliament that recognizes and accepts that Parliament evolves and adapts, The Paradox of Parliament puts forward an important and novel interpretation of the many facets of Parliament in Canada.
Book Synopsis The Constitution of English Literature by : Michael Gardiner
Download or read book The Constitution of English Literature written by Michael Gardiner and published by A&C Black. This book was released on 2013-07-18 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. In this extended essay, Michael Gardiner examines the ideology of the discipline of English Literature in the light of the serious redefining work on England and Englishness that has been conducted in Political Studies in the last decade. He argues that English Literature emerges from the development of the state and that consequently it has suppressed the idea of the nation. His claim is that English Literature has lost its form since its methodology and canonicity depended so heavily on a constitutional form which can no longer be defended. He calls upon those working in English Literature to recognise that they are not really participating in the same discipline, defined by the Burkean constitutional settlement, even if they think of themselves as writing 'within the canon'. His view is that a lack of appreciation of 'hard-edged' political factors have led to a 'continuant' and regressive form of English Literature which tends to hang on to stifling methodologies. In its place, he appeals for the creation of a more open-ended, inclusive, internationalist, and comparative 'literature of England'.
Book Synopsis Building the Constitution by : James Fowkes
Download or read book Building the Constitution written by James Fowkes and published by Cambridge University Press. This book was released on 2016-12-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
Book Synopsis Antisemitism and the Constitution of Sociology by : Marcel Stoetzler
Download or read book Antisemitism and the Constitution of Sociology written by Marcel Stoetzler and published by U of Nebraska Press. This book was released on 2014-07-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern antisemitism and the modern discipline of sociology not only emerged in the same period, but—antagonism and hostility between the two discourses notwithstanding—also overlapped and complemented each other. Sociology emerged in a society where modernization was often perceived as destroying unity and “social cohesion.” Antisemitism was likewise a response to the modern age, offering in its vilifications of “the Jew” an explanation of society’s deficiencies and crises. Antisemitism and the Constitution of Sociology is a collection of twelve essays providing a comparative analysis of modern antisemitism and the rise of sociology. This volume addresses three key areas: the strong influence of writers of Jewish background and the rising tide of antisemitism on the formation of sociology; the role of antisemitism in the historical development of sociology through its treatment by leading figures in the field, such as Emile Durkheim, Talcott Parsons, and Theodor W. Adorno; and the discipline’s development in the aftermath of the Nazi Holocaust. Together the essays provide a fresh perspective on the history of sociology and the role that antisemitism, Jews, fascism, and the Holocaust played in shaping modern social theory.
