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Author : Canada
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (49 download)
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:
Author : Canada
Publisher : Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (31 download)
Download or read book A Consolidation of the Constitution Acts 1867 to 1982 written by Canada and published by Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB). This book was released on 1983 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consolidated as of April 17, 1982.
Author : Robert J. Sharpe
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 466 pages
Book Rating : 4.3/5 (243 download)
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:
Author : James B. Kelly
Publisher : UBC Press
ISBN 13 : 0774840080
Total Pages : 338 pages
Book Rating : 4.7/5 (748 download)
Download or read book Governing with the Charter written by James B. Kelly and published by UBC Press. This book was released on 2011-11-01 with total page 338 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.
Author : James B. Kelly
Publisher : UBC Press
ISBN 13 : 0774851716
Total Pages : 337 pages
Book Rating : 4.7/5 (748 download)
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.
Author : David Johansen
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (15 download)
Download or read book The Notwithstanding Clause of the Charter written by David Johansen and published by . This book was released on 2012 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms (hereinafter referred to as the Charter of Rights or the Charter) has been controversial since its emergence from a November 1981 Federal-Provincial Conference of First Ministers. The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford and Devine cases dealing with the signage provisions of Quebec's Bill 101 (Charter of the French Language) and the subsequent adoption by the Quebec National Assembly of Bill 178 (An Act to Amend the Charter of the French Language). This legislation contained a section 33 override clause (in this case affecting Charter of Rights guarantees of freedom of expression (section 2(b)) and equality rights (section 15)). After setting out the content of the section 33 notwithstanding clause, this paper will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause.
Author : Lois Harder
Publisher : UBC Press
ISBN 13 : 0774828641
Total Pages : 357 pages
Book Rating : 4.7/5 (748 download)
Download or read book Patriation and Its Consequences written by Lois Harder and published by UBC Press. This book was released on 2015-06-17 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few moments in Canadian history are as intriguing as the political battle between Prime Minister Pierre Trudeau and the “Gang of Eight” provincial premiers who opposed his plans to “patriate” Canada’s constitution from Britain. This volume revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Offering fresh perspectives on the politics of this key moment in Canadian history, it focuses on the players behind the patriation process, including First Nations and feminist activists, who helped shape Canada’s new constitution. Patriation and Its Consequences also explores the long shadow of patriation, including the alienation of Quebec, the character of Canadian federalism, Indigenous constitutionalism and Aboriginal treaty rights, and the struggle to ensure gender equality rights in Canada.
Author : Ian Greene
Publisher : James Lorimer & Company
ISBN 13 : 9781550281859
Total Pages : 276 pages
Book Rating : 4.2/5 (818 download)
Download or read book The Charter of Rights written by Ian Greene and published by James Lorimer & Company. This book was released on 1989-01-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1989, this volume reflects on the Charter of Rights and Freedoms of the 1982 Canadian Constitution, considering its implications for the future development of the nation. The book offers a concise analysis of what the Charter says and what the courts had, to the time of publication, taken it to mean. Beginning with a discussion of the Charter's origins, Greene then dissects the various clauses of the document before turning to Charter decisions already rendered by the Supreme Court. The Charter of Rights is a thoughtful primer of the Charter and its impact on the collective life of Canadians.
Author : Menno Boldt
Publisher : University of Toronto Press
ISBN 13 : 9780802065896
Total Pages : 424 pages
Book Rating : 4.0/5 (658 download)
Download or read book The Quest for Justice written by Menno Boldt and published by University of Toronto Press. This book was released on 1985-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.
Author : Walter Surma Tarnopolsky
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773595430
Total Pages : 449 pages
Book Rating : 4.7/5 (735 download)
Download or read book The Canadian Bill of Rights written by Walter Surma Tarnopolsky and published by McGill-Queen's Press - MQUP. This book was released on 1975-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geoffrey Sigalet
Publisher : Cambridge University Press
ISBN 13 : 1108417582
Total Pages : 487 pages
Book Rating : 4.1/5 (84 download)
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.
Author : Dominique Clément
Publisher : UBC Press
ISBN 13 : 0774858435
Total Pages : 295 pages
Book Rating : 4.7/5 (748 download)
Download or read book Canada’s Rights Revolution written by Dominique Clément and published by UBC Press. This book was released on 2009-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first major study of postwar social movement organizations in Canada, Dominique Clément provides a history of the human rights movement as seen through the eyes of two generations of activists. Drawing on newly acquired archival sources, extensive interviews, and materials released through access to information applications, Clément explores the history of four organizations that emerged in the sixties and evolved into powerful lobbies for human rights despite bitter internal disputes and intense rivalries. This book offers a unique perspective on infamous human rights controversies and argues that the idea of human rights has historically been highly statist while grassroots activism has been at the heart of the most profound human rights advances.
Author : William Russell McKercher
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (31 download)
Download or read book The U.S. Bill of Rights and the Canadian Charter of Rights and Freedoms written by William Russell McKercher and published by . This book was released on 1983 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gérald A. Beaudoin
Publisher : Markham, Ont. : LexisNexis Butterworths
ISBN 13 : 9780433445937
Total Pages : 1508 pages
Book Rating : 4.4/5 (459 download)
Download or read book Charte Canadienne Des Droits Et Libertés written by Gérald A. Beaudoin and published by Markham, Ont. : LexisNexis Butterworths. This book was released on 2005 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Crawford Oliver
Publisher : Oxford University Press
ISBN 13 : 0190664819
Total Pages : 1169 pages
Book Rating : 4.1/5 (96 download)
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.
Author : Adam Dodek
Publisher : Dundurn
ISBN 13 : 1459735056
Total Pages : 159 pages
Book Rating : 4.4/5 (597 download)
Download or read book The Canadian Constitution written by Adam Dodek and published by Dundurn. This book was released on 2016-10-22 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hill Times: Best Books of 2016 A new, expanded edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works, and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index so far to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This revised and expanded edition is a great primer for those coming to Canada’s Constitution for the first time, and a useful reference work for students and scholars.
Author : Peter L. Biro
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228020220
Total Pages : 277 pages
Book Rating : 4.2/5 (28 download)
Download or read book The Notwithstanding Clause and the Canadian Charter written by Peter L. Biro and published by McGill-Queen's Press - MQUP. This book was released on 2024-04-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens’ recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada. The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.
