From Democracy To Judicial Dictatorship In Canada

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From Democracy to Judicial Dictatorship in Canada

Author : Patrick Redmond
Publisher :
ISBN 13 : 9781795581646
Total Pages : 336 pages
Book Rating : 4.5/5 (816 download)

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Book Synopsis From Democracy to Judicial Dictatorship in Canada by : Patrick Redmond

Download or read book From Democracy to Judicial Dictatorship in Canada written by Patrick Redmond and published by . This book was released on 2019-03-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: FROM DEMOCRACY TOJUDICIAL DICTATORSHIP IN CANADA:THE UNTOLD STORY OF THE CHARTER OF RIGHTSCanada has been profoundly changed since our Constitution, including the Charter of Rights, came to be patriated in 1982. This took place without any national referendum or public support.The 1982 Patriation caused the transfer of power from the elected federal Parliament and provincial Legislatures which are accountable to the public, to nonelected, unaccountable judges sitting on the Supreme Court of Canada. The judiciary now make, without public input or accountability, fundamental decisions affecting our daily lives.From Democracy to Judicial Dictatorship in Canada reveals how this dramatic change came about. Based on documentary evidence, the authors disclose how Prime Minister Pierre Elliott Trudeau: An ardent socialist, became a member of the Liberal Party of Canada solely to use it as a platform to change Canada's Constitution according to his directions.Had no respect for the elected Members of Parliament, and preferred that elitist appointed judges make fundamental decisions, using the Charter as their tool to reshape Canadian values and society. Engaged in obnoxious behaviour deliberately misleading the public about the purpose and effect of his proposed Charter of Rights.Canadian judges have used the Charter to expand their role and influence, contrary to the clear intent of the drafters of the Charter. Time and again, judges have thrown aside judicial restraint, abandoned legal merit and precedent as the basis of their decisions, and instead have applied their own political ideology in reaching their decisions. They have now become the most powerful individuals in Canadian history.These startling events are examined through a critique of a number of Supreme Court of Canada and lower court cases, and the apparent mentality of the judges who believe that they are personally qualified to decide "what is best for Canadians."This book provides the reader with a three part assessment of our current state of constitutional crisis. The first part is a survey of the politics that went into the 1982 patriation of Canada's Constitution. The second, the loss of Parliamentary sovereignty and the rise of judicial activism. In the third part, the authors make the case that reform is not only necessary but possible. Both the courts and Parliament must actively seek to re-balance their respective roles based on principles of responsible government and electoral accountability, to ensure that Canada, once again, becomes strong and free, rooted in the consent of the governed.

From Democracy to Judicial Dictatorship in Canada

Author : Patrick Redmond Phd
Publisher : Independently Published
ISBN 13 : 9781082424311
Total Pages : 336 pages
Book Rating : 4.4/5 (243 download)

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Book Synopsis From Democracy to Judicial Dictatorship in Canada by : Patrick Redmond Phd

Download or read book From Democracy to Judicial Dictatorship in Canada written by Patrick Redmond Phd and published by Independently Published. This book was released on 2019-07-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada has been profoundly changed since our Constitution, including the Charter of Rights, came to be patriated in 1982. This took place without any national referendum or public support.The 1982 Patriation caused the transfer of power from the elected federal Parliament and provincial Legislatures which are accountable to the public, to nonelected, unaccountable judges sitting on the Supreme Court of Canada. The judiciary now make, without public input or accountability, fundamental decisions affecting our daily lives.From Democracy to Judicial Dictatorship in Canada reveals how this dramatic change came about. Based on documentary evidence, the authors disclose how Prime Minister Pierre Elliott Trudeau: An ardent socialist, became a member of the Liberal Party of Canada solely to use it as a platform to change Canada's Constitution according to his directions.Had no respect for the elected Members of Parliament, and preferred that elitist appointed judges make fundamental decisions, using the Charter as their tool to reshape Canadian values and society. Engaged in obnoxious behaviour deliberately misleading the public about the purpose and effect of his proposed Charter of Rights.Canadian judges have used the Charter to expand their role and influence, contrary to the clear intent of the drafters of the Charter. Time and again, judges have thrown aside judicial restraint, abandoned legal merit and precedent as the basis of their decisions, and instead have applied their own political ideology in reaching their decisions. They have now become the most powerful individuals in Canadian history.These startling events are examined through a critique of a number of Supreme Court of Canada and lower court cases, and the apparent mentality of the judges who believe that they are personally qualified to decide "what is best for Canadians."This book provides the reader with a three part assessment of our current state of constitutional crisis. The first part is a survey of the politics that went into the 1982 patriation of Canada's Constitution. The second, the loss of Parliamentary sovereignty and the rise of judicial activism. In the third part, the authors make the case that reform is not only necessary but possible. Both the courts and Parliament must actively seek to re-balance their respective roles based on principles of responsible government and electoral accountability, to ensure that Canada, once again, becomes strong and free, rooted in the consent of the governed.

Judicial Power and Canadian Democracy

Author : Paul Howe
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773568891
Total Pages : 352 pages
Book Rating : 4.7/5 (735 download)

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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).

Judicial Activism and the Democratic Rule of Law

Author : Sonja C. Grover
Publisher : Springer Nature
ISBN 13 : 3030350851
Total Pages : 283 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Judicial Activism and the Democratic Rule of Law by : Sonja C. Grover

Download or read book Judicial Activism and the Democratic Rule of Law written by Sonja C. Grover and published by Springer Nature. This book was released on 2020-02-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

Against Judicial Activism

Author : Rory Leishman
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773560017
Total Pages : 321 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Against Judicial Activism by : Rory Leishman

Download or read book Against Judicial Activism written by Rory Leishman and published by McGill-Queen's Press - MQUP. This book was released on 2006 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: For instance, the British Columbia Human Rights Tribunal and Supreme Court read a ban on discrimination on the ground of transsexualism as being part of the province's human rights code."--BOOK JACKET.

Judicial Power and the Charter

Author : Christopher P. Manfredi
Publisher : M & S
ISBN 13 : 9780771056598
Total Pages : 292 pages
Book Rating : 4.0/5 (565 download)

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Book Synopsis Judicial Power and the Charter by : Christopher P. Manfredi

Download or read book Judicial Power and the Charter written by Christopher P. Manfredi and published by M & S. This book was released on 1993 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the paradox at the heart of the relationship between judicial power and liberal constitutionalism in Canada, the use of judicial power to review and nullify or modify policies enacted by democratically accountable decision-makers. In this new edition, Manfredi refines his original argument and brings the content completely up to date.

Economic Origins of Dictatorship and Democracy

Author : Daron Acemoglu
Publisher : Cambridge University Press
ISBN 13 : 9780521855266
Total Pages : 444 pages
Book Rating : 4.8/5 (552 download)

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Book Synopsis Economic Origins of Dictatorship and Democracy by : Daron Acemoglu

Download or read book Economic Origins of Dictatorship and Democracy written by Daron Acemoglu and published by Cambridge University Press. This book was released on 2006 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a framework for analyzing the creation and consolidation of democracy. Different social groups prefer different political institutions because of the way they allocate political power and resources. Thus democracy is preferred by the majority of citizens, but opposed by elites. Dictatorship nevertheless is not stable when citizens can threaten social disorder and revolution. In response, when the costs of repression are sufficiently high and promises of concessions are not credible, elites may be forced to create democracy. By democratizing, elites credibly transfer political power to the citizens, ensuring social stability. Democracy consolidates when elites do not have strong incentive to overthrow it. These processes depend on (1) the strength of civil society, (2) the structure of political institutions, (3) the nature of political and economic crises, (4) the level of economic inequality, (5) the structure of the economy, and (6) the form and extent of globalization.

Constitutionalism and Dictatorship

Author : Robert Barros
Publisher : Cambridge University Press
ISBN 13 : 1139433628
Total Pages : 371 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Constitutionalism and Dictatorship by : Robert Barros

Download or read book Constitutionalism and Dictatorship written by Robert Barros and published by Cambridge University Press. This book was released on 2002-07-04 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973–1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.

Ethical Principles for Judges

Author : Canadian Judicial Council
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Ethical Principles for Judges by : Canadian Judicial Council

Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Democratizing the Constitution

Author : Peter Aucoin
Publisher :
ISBN 13 : 9781552394632
Total Pages : 260 pages
Book Rating : 4.3/5 (946 download)

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Book Synopsis Democratizing the Constitution by : Peter Aucoin

Download or read book Democratizing the Constitution written by Peter Aucoin and published by . This book was released on 2011-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines recent history and ongoing controversies as it makes the case for restoring power to where it belongs - with the people's elected representatives in Parliament.

Democracies and Dictatorships in Latin America

Author : Scott Mainwaring
Publisher : Cambridge University Press
ISBN 13 : 1107433630
Total Pages : 371 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Democracies and Dictatorships in Latin America by : Scott Mainwaring

Download or read book Democracies and Dictatorships in Latin America written by Scott Mainwaring and published by Cambridge University Press. This book was released on 2014-01-31 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a new theory for why political regimes emerge, and why they subsequently survive or break down. It then analyzes the emergence, survival and fall of democracies and dictatorships in Latin America since 1900. Scott Mainwaring and Aníbal Pérez-Liñán argue for a theoretical approach situated between long-term structural and cultural explanations and short-term explanations that look at the decisions of specific leaders. They focus on the political preferences of powerful actors - the degree to which they embrace democracy as an intrinsically desirable end and their policy radicalism - to explain regime outcomes. They also demonstrate that transnational forces and influences are crucial to understand regional waves of democratization. Based on extensive research into the political histories of all twenty Latin American countries, this book offers the first extended analysis of regime emergence, survival and failure for all of Latin America over a long period of time.

Fixing Canadian Democracy

Author : Fraser Institute (Vancouver, B.C.)
Publisher : The Fraser Institute
ISBN 13 : 088975201X
Total Pages : 284 pages
Book Rating : 4.8/5 (897 download)

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Book Synopsis Fixing Canadian Democracy by : Fraser Institute (Vancouver, B.C.)

Download or read book Fixing Canadian Democracy written by Fraser Institute (Vancouver, B.C.) and published by The Fraser Institute. This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How Democracies Die

Author : Steven Levitsky
Publisher : Crown
ISBN 13 : 1524762946
Total Pages : 321 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis How Democracies Die by : Steven Levitsky

Download or read book How Democracies Die written by Steven Levitsky and published by Crown. This book was released on 2019-01-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN

Constitutional Dialogue

Author : Geoffrey Sigalet
Publisher : Cambridge University Press
ISBN 13 : 1108417582
Total Pages : 487 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Dialogue by : Geoffrey Sigalet

Download or read book Constitutional Dialogue written by Geoffrey Sigalet and published by Cambridge University Press. This book was released on 2019-05-02 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.

Democracy and the Rule of Law

Author : Adam Przeworski
Publisher : Cambridge University Press
ISBN 13 : 9780521532662
Total Pages : 338 pages
Book Rating : 4.5/5 (326 download)

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Book Synopsis Democracy and the Rule of Law by : Adam Przeworski

Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Appointing Judges in an Age of Judicial Power

Author : Peter H. Russell
Publisher : University of Toronto Press
ISBN 13 : 0802093817
Total Pages : 489 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Appointing Judges in an Age of Judicial Power by : Peter H. Russell

Download or read book Appointing Judges in an Age of Judicial Power written by Peter H. Russell and published by University of Toronto Press. This book was released on 2006-01-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.

The Dictator's Learning Curve

Author : William J. Dobson
Publisher : Anchor
ISBN 13 : 030747755X
Total Pages : 354 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis The Dictator's Learning Curve by : William J. Dobson

Download or read book The Dictator's Learning Curve written by William J. Dobson and published by Anchor. This book was released on 2013-03-12 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this riveting anatomy of authoritarianism, acclaimed journalist William Dobson takes us inside the battle between dictators and those who would challenge their rule. Recent history has seen an incredible moment in the war between dictators and democracy—with waves of protests sweeping Syria and Yemen, and despots falling in Egypt, Tunisia, and Libya. But the Arab Spring is only the latest front in a global battle between freedom and repression, a battle that, until recently, dictators have been winning hands-down. The problem is that today’s authoritarians are not like the frozen-in-time, ready-to-crack regimes of Burma and North Korea. They are ever-morphing, technologically savvy, and internationally connected, and have replaced more brutal forms of intimidation with subtle coercion. The Dictator’s Learning Curve explains this historic moment and provides crucial insight into the fight for democracy.