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Constitutional Remedies In Canada
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Book Synopsis Constitutional Remedies in Canada by : Kent Roach
Download or read book Constitutional Remedies in Canada written by Kent Roach and published by Canada Law Book. This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Remedies for Human Rights Violations by : Kent Roach
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Book Synopsis Policy Change, Courts, and the Canadian Constitution by : Emmett Macfarlane
Download or read book Policy Change, Courts, and the Canadian Constitution written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2018-01-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Book Synopsis The Constitution Act, 1982 by : Canada
Download or read book The Constitution Act, 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Remedies in Asia by : Po Jen Yap
Download or read book Constitutional Remedies in Asia written by Po Jen Yap and published by Routledge. This book was released on 2020-09-30 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.
Book Synopsis Bills of Rights in the Common Law by : Robert Leckey
Download or read book Bills of Rights in the Common Law written by Robert Leckey and published by Cambridge University Press. This book was released on 2015-05-07 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Book Synopsis The Law of the Canadian Constitution by : Guy Régimbald
Download or read book The Law of the Canadian Constitution written by Guy Régimbald and published by . This book was released on 2017 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Releases in Canada by : Fred D. Cass
Download or read book The Law of Releases in Canada written by Fred D. Cass and published by Canada Law Book. This book was released on 2006-01-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Charter Litigation by : Robert J. Sharpe
Download or read book Charter Litigation written by Robert J. Sharpe and published by Butterworth-Heinemann. This book was released on 1987 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Towards Juristocracy by : Ran Hirschl
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Book Synopsis Governing with the Charter by : James B. Kelly
Download or read book Governing with the Charter written by James B. Kelly and published by UBC Press. This book was released on 2006-05 with total page 337 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.
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 2018 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 The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum
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.
Book Synopsis Proportionality and Judicial Activism by : Niels Petersen
Download or read book Proportionality and Judicial Activism written by Niels Petersen and published by Cambridge University Press. This book was released on 2017-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Book Synopsis Charter Remedies in Criminal Cases by : Matthew Asma
Download or read book Charter Remedies in Criminal Cases written by Matthew Asma and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Understanding Section 8 by : Susanne Boucher
Download or read book Understanding Section 8 written by Susanne Boucher and published by . This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at what constitutes an unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms. Second, it examines what the appropriate legal and evidentiary consequences are when an unreasonable search or seizure occurs.