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The Charter Revolution And The Court Party
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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
Book Synopsis Charter Conflicts by : Janet L. Hiebert
Download or read book Charter Conflicts written by Janet L. Hiebert and published by McGill-Queen's Press - MQUP. This book was released on 2002-04-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.
Download or read book Charter Politics written by Rainer Knopff and published by Scarborough, Ont. : Nelson Canada. This book was released on 1992 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Coercing Virtue written by Robert H. Bork and published by A E I Press. This book was released on 2003-01-01 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eye-opening dispatch on the culture war traces the dangerous influence of overreaching courts around the world.
Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler
Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Book Synopsis A Common Law Theory of Judicial Review by : W. J. Waluchow
Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Book Synopsis The Environmental Rights Revolution by : David R. Boyd
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Book Synopsis The Unconstitutionality of Slavery by : Lysander Spooner
Download or read book The Unconstitutionality of Slavery written by Lysander Spooner and published by ReadHowYouWant.com. This book was released on 1845 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst
Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by Oxford University Press, USA. This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.
Book Synopsis The Judicial and Civil History of Connecticut by : Dwight Loomis
Download or read book The Judicial and Civil History of Connecticut written by Dwight Loomis and published by . This book was released on 1895 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court on Trial by : Kent Roach
Download or read book The Supreme Court on Trial written by Kent Roach and published by . This book was released on 2001 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
Book Synopsis Insiders and Outsiders by : Gerald Kernerman
Download or read book Insiders and Outsiders written by Gerald Kernerman and published by UBC Press. This book was released on 2005 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insiders and Outsiders celebrates the work of Alan Cairns, one of the most influential Canadian social scientists of the contemporary period. Few scholars have helped shape so many key debates in such a wide range of topics in Canadian politics, from the electoral system and federalism, to constitutional and Charter politics, to questions of Aboriginal citizenship. This volume contains engaging and critical analyses of Cairns' contributions by a diverse group of scholars--political scientists, legal scholars, historians, and policymakers, many of them leaders in their own fields. It includes assessments of his role as a public intellectual, his interpretation of Canada's electoral system, his views on federalism and on Canadian unity, his approach to Aboriginal/non-Aboriginal relations, and his writings on citizenship and diversity. The book will be of particular interest to students and scholars of Canadian politics, history, and society, especially those examining issues such as the Charter of Rights, Aboriginal politics, federalism, multiculturalism, political institutions, and political change. It should also be of interest to a larger public that follows the Canadian political scene, and that shares Cairns' concerns with broad questions of citizenship, diversity, and national unity.
Book Synopsis Charter of the United Nations and Statute of the International Court of Justice by : United Nations
Download or read book Charter of the United Nations and Statute of the International Court of Justice written by United Nations and published by UN. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.
Book Synopsis Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China by : Jean-Philippe Béja
Download or read book Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China written by Jean-Philippe Béja and published by Hong Kong University Press. This book was released on 2012-06-01 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 2008 some 350 Chinese intellectuals published a manifesto calling for reform of the Chinese constitution and an end to one-party rule. Known as "Charter 08," the manifesto has since been signed by more than 10,000 people. One of its authors, Liu Xiaobo, was awarded the Nobel Peace Prize in 2010 but has remained in prison since 2009 for subversive crimes. This collection of essays—the first of its kind in English—examines the trial of Liu Xiaobo, the significance and impact of Charter 08, and the prospects for reform in China. The essays include contributions from legal and political experts from around the world, an account of Liu's trial by his defence lawyers, and a passionate—and ultimately optimistic—account of resistance, repression and political change by the human rights lawyer Teng Biao.
Book Synopsis Human Rights and Social Technology by : R. Knopff
Download or read book Human Rights and Social Technology written by R. Knopff and published by McGill-Queen's Press - MQUP. This book was released on 1989-05-31 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this controversial critical analysis of Canada's anti-discrimination policy, the author addresses doubts
Book Synopsis The Constitutional Identity of Contemporary China by : Han Zhai
Download or read book The Constitutional Identity of Contemporary China written by Han Zhai and published by BRILL. This book was released on 2019-12-16 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai an account of constitutional identity merging with China’s constitutional history and her constitutional complex from a comparative perspective.