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The Charters Impact On The Criminal Justice System
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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 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.
Book Synopsis Charter Justice in Canadian Criminal Law by : Don Stuart
Download or read book Charter Justice in Canadian Criminal Law written by Don Stuart and published by . This book was released on 2010 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.
Book Synopsis Criminal Justice in Ireland by : Paul O'Mahony
Download or read book Criminal Justice in Ireland written by Paul O'Mahony and published by Institute of Public Administration. This book was released on 2002 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive overview of the Irish criminal justice system, its current problems and its vision for the future. Collection of essays by major office-holders, experienced practitioners, leading academics, legal scholars, sociologists, psychologists, philosophers and educationalists.
Book Synopsis The Handbook of Comparative Criminal Law by : Kevin Jon Heller
Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Book Synopsis The Courts, the Charter, and the Schools by : Michael Manley-Casimir
Download or read book The Courts, the Charter, and the Schools written by Michael Manley-Casimir and published by University of Toronto Press. This book was released on 2010-01-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court. The contributors consider the influence that Charter cases have had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. Demonstrating why and how the Charter was invoked, interpreted, and applied in each of these cases, this volume also highlights the resulting consequences for Canada's public schools. An illuminating collection of essays by prominent legal scholars and educational commentators, The Courts, the Charter, and the Schools is a significant contribution to the study of educational law and policy in Canada.
Book Synopsis Criminal Justice in Colonial America, 1606-1660 by : Bradley Chapin
Download or read book Criminal Justice in Colonial America, 1606-1660 written by Bradley Chapin and published by University of Georgia Press. This book was released on 2010-06-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
Book Synopsis Rethinking Criminal Law Theory by : Francois Tanguay-Renaud
Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
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 Due Process and Victims' Rights by : Kent Roach
Download or read book Due Process and Victims' Rights written by Kent Roach and published by University of Toronto Press. This book was released on 1999-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Book Synopsis Understanding Criminal Justice in Hong Kong by : Eric Wing Hong Chui
Download or read book Understanding Criminal Justice in Hong Kong written by Eric Wing Hong Chui and published by Willan. This book was released on 2013-05-13 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Criminal Justice in Hong Kong provides a much-needed overview of the criminal justice system in Hong Kong. It is designed to be used as a text for students studying this subject as part of a wider course in criminal justice, police studies, law or social work, and for practitioners working in Hong Kong in the police, prisons, probation, voluntary agencies and other criminal justice personnel. It will also be an invaluable source of information about how criminal justice operates in Hong Kong in the context of broader courses in comparative criminal justice. This book outlines the basic concepts of criminal law in Hong Kong, and analyses the process of the criminal justice system, ranging from the report of a crime through to the correctional system. At the same time it examines how the criminal justice personnel or actors work in practice, and how they deal with the offenders and victims during the criminal justice process. Throughout the book readers are also encouraged to consider the arguments and debates that surround the controversial issues in the Hong Kong criminal justice system.
Book Synopsis Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 by : Matteo Bonelli
Download or read book Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 written by Matteo Bonelli and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.
Book Synopsis The Charter of Rights and Freedoms by : Ian Greene
Download or read book The Charter of Rights and Freedoms written by Ian Greene and published by James Lorimer & Company. This book was released on 2014-11-18 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadas Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouvers Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. Public discussion of the Charter is often framed around the question of who should make these important decisions elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded or failed to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
Book Synopsis Community Justice by : Jane Winstone
Download or read book Community Justice written by Jane Winstone and published by Routledge. This book was released on 2013-05-13 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides and accessible text and critical analysis of the concepts and delivery of community justice, a focal point in contemporary criminal justice. The probation service in particular has undergone radical changes in relation to professional training, roles and delivery of services, but now operates within a mosaic of a number of inter-agency initiatives. This book aims to provide a critical appreciation of community justice, its origin and direction, and to engage with debates on the ways in which the trend towards community justice is changing the criminal justice system. At the same time it examines the inter-agency character of intervention and the developing idea of end-to-end offender management, and familiarises the reader with a number of more specialist area, such as hate crime, mental illness, substance abuse, and victims.
Book Synopsis Contemporary Issues in Global Criminal Justice by : Ed Johnston
Download or read book Contemporary Issues in Global Criminal Justice written by Ed Johnston and published by Rowman & Littlefield. This book was released on 2022-08-22 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Issues in Global Criminal Justice provides a holistic analysis of modern criminal justice issues, encompassing the pre-trial, investigative, and post-conviction stages of criminal justice in legal settings across the world. The contributors acknowledge and examine the vast array of challenges in global criminal justice, from the role of the International Criminal Court to policing, the integration of technology, and how marginalized groups, such as sex workers and those with addictions, are treated in the courts. With contributions from scholars in England and Wales, New Zealand, Croatia, Spain, the Netherlands, Canada, and The Republic of North Macedonia, this book is not limited to one jurisdiction, and highlights that criminal justice is very much a global issue in a state of crisis. From policing to the courts, it is in urgent need of reform. Without a competent criminal justice system, justice does not exist. This book would be of interest to scholars in the legal, criminal justice, and criminology fields.
Book Synopsis FBI Charter Act of 1979, S. 1612 by : United States. Congress. Senate. Committee on the Judiciary
Download or read book FBI Charter Act of 1979, S. 1612 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1980 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Human Rights in Northern Ireland by : Brice Dickson
Download or read book Human Rights in Northern Ireland written by Brice Dickson and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
Book Synopsis Aboriginal Justice and the Charter by : David Milward
Download or read book Aboriginal Justice and the Charter written by David Milward and published by UBC Press. This book was released on 2012-11-16 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.
