Judicial Power And Canadian Democracy

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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 Power

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Law, Politics and the Judicial Process in Canada

Author : Frederick Lee Morton
Publisher : Calgary : University of Calgary Press
ISBN 13 :
Total Pages : 516 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Law, Politics and the Judicial Process in Canada by : Frederick Lee Morton

Download or read book Law, Politics and the Judicial Process in Canada written by Frederick Lee Morton and published by Calgary : University of Calgary Press. This book was released on 1992 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law, Politics, and the Judicial Process in Canada, 4th Edition

Author : F. L. Morton
Publisher :
ISBN 13 : 9781552389904
Total Pages : 0 pages
Book Rating : 4.3/5 (899 download)

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Book Synopsis Law, Politics, and the Judicial Process in Canada, 4th Edition by : F. L. Morton

Download or read book Law, Politics, and the Judicial Process in Canada, 4th Edition written by F. L. Morton and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.

Judicial Power and the Charter

Author : Christopher P. Manfredi
Publisher : Don Mills, Ont. : Oxford University Press
ISBN 13 : 9780195415049
Total Pages : 0 pages
Book Rating : 4.4/5 (15 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 Don Mills, Ont. : Oxford University Press. This book was released on 2001 with total page 0 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.

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.

Judicial Power and Canadian Democracy

Author : Paul Howe
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773522251
Total Pages : 356 pages
Book Rating : 4.5/5 (222 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 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

The Judiciary in Canada

Author : Peter H. Russell
Publisher :
ISBN 13 :
Total Pages : 412 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis The Judiciary in Canada by : Peter H. Russell

Download or read book The Judiciary in Canada written by Peter H. Russell and published by . This book was released on 1987 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

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.

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.

Law, Politics, and the Judicial Process in Canada

Author :
Publisher :
ISBN 13 : 9781552389928
Total Pages : 714 pages
Book Rating : 4.3/5 (899 download)

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Book Synopsis Law, Politics, and the Judicial Process in Canada by :

Download or read book Law, Politics, and the Judicial Process in Canada written by and published by . This book was released on 2018 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada."--

Seeking the Court’s Advice

Author : Kate Puddister
Publisher : UBC Press
ISBN 13 : 0774861134
Total Pages : 290 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Seeking the Court’s Advice by : Kate Puddister

Download or read book Seeking the Court’s Advice written by Kate Puddister and published by UBC Press. This book was released on 2019-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

Judging Democracy

Author : Christopher Manfredi
Publisher : University of Toronto Press
ISBN 13 : 1442604182
Total Pages : 160 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Judging Democracy by : Christopher Manfredi

Download or read book Judging Democracy written by Christopher Manfredi and published by University of Toronto Press. This book was released on 2008-03-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judging Democracy, Christopher Manfredi and Mark Rush challenge assertions that the Canadian and American Supreme Courts have taken radically different approaches to constitutional interpretation regarding general and democratic rights. Three case studies compare Canadian and American law concerning prisoners' voting rights, the scope and definition of voting rights, and campaign spending. These examples demonstrate that the two Supreme Courts have engaged in essentially the same debates concerning the franchise, access to the ballot, and the concept of a "meaningful" vote. They reveal that the American Supreme Court has never been entirely individualistic in its interpretation and protection of constitutional rights and that there are important similarities in the two Supreme Courts' approaches to constitutional interpretation. Furthermore, the authors demonstrate that an astonishing convergence has occurred in the two courts' thinking concerning the integrity of the democratic process and the need for the judiciary to monitor legislative attempts to regulate the political process in order to promote or ensure political equality. Growing numbers of justices in both courts are now wary of legislative attempts to cloak laws designed to protect incumbents through electoral reform. Judging Democracy thus points to a new direction not only in judicial review and constitutional interpretation but also in democratic theory.

The Charter Revolution and the Court Party

Author : F.L. Morton
Publisher : Peterborough, Ont. : Broadview Press
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Charter Revolution and the Court Party by : F.L. Morton

Download or read book The Charter Revolution and the Court Party written by F.L. Morton and published by Peterborough, Ont. : Broadview Press. This book was released on 2000-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

The Lawmakers

Author : John T. Saywell
Publisher : University of Toronto Press
ISBN 13 : 9780802086563
Total Pages : 486 pages
Book Rating : 4.0/5 (865 download)

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Book Synopsis The Lawmakers by : John T. Saywell

Download or read book The Lawmakers written by John T. Saywell and published by University of Toronto Press. This book was released on 2002-01-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

The Global Expansion of Judicial Power

Author : C Neal Tate
Publisher : NYU Press
ISBN 13 : 0814770061
Total Pages : 482 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Global Expansion of Judicial Power by : C Neal Tate

Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1997-06-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.