The Notwithstanding Clause Of The Charter

Download The Notwithstanding Clause Of The Charter full books in PDF, epub, and Kindle. Read online The Notwithstanding Clause Of The Charter ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

The Notwithstanding Clause of the Charter

Author : David Johansen
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (15 download)

DOWNLOAD NOW!

Book Synopsis The Notwithstanding Clause of the Charter by : David Johansen

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.

The Oxford Handbook of the Canadian Constitution

Author : Peter Crawford Oliver
Publisher : Oxford University Press
ISBN 13 : 0190664819
Total Pages : 1169 pages
Book Rating : 4.1/5 (96 download)

DOWNLOAD NOW!

Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver

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.

Constitutional Dialogue

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

DOWNLOAD NOW!

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.

A Consolidation of the Constitution Acts 1867 to 1982

Author : Canada
Publisher : Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (31 download)

DOWNLOAD NOW!

Book Synopsis A Consolidation of the Constitution Acts 1867 to 1982 by : Canada

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.

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)

DOWNLOAD NOW!

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).

The Constitution Act, 1982

Author : Canada
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (49 download)

DOWNLOAD NOW!

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:

Policy Change, Courts, and the Canadian Constitution

Author : Emmett Macfarlane
Publisher : University of Toronto Press
ISBN 13 : 1487523157
Total Pages : 461 pages
Book Rating : 4.4/5 (875 download)

DOWNLOAD NOW!

Book Synopsis Policy Change, Courts, and the Canadian Constitution by : Emmett Macfarlane

Download or read book Policy Change, Courts, and the Canadian Constitution written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2018-01-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

And No One Cheered

Author : Keith G. Banting
Publisher : Taylor & Francis
ISBN 13 : 9780458959501
Total Pages : 376 pages
Book Rating : 4.9/5 (595 download)

DOWNLOAD NOW!

Book Synopsis And No One Cheered by : Keith G. Banting

Download or read book And No One Cheered written by Keith G. Banting and published by Taylor & Francis. This book was released on 1983 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Canada in the World

Author : Richard Albert
Publisher : Cambridge University Press
ISBN 13 : 1108419739
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

DOWNLOAD NOW!

Book Synopsis Canada in the World by : Richard Albert

Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2018 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

Myth of the Sacred

Author : Donald E. Abelson
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773524347
Total Pages : 272 pages
Book Rating : 4.7/5 (735 download)

DOWNLOAD NOW!

Book Synopsis Myth of the Sacred by : Donald E. Abelson

Download or read book Myth of the Sacred written by Donald E. Abelson and published by McGill-Queen's Press - MQUP. This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical look at the interaction of constitutional litigation and politics in Canada following the entrenchment of the Canadian Charter of Rights and Freedoms in 1982.

The Notwithstanding Clause and the Canadian Charter

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 NOW!

Book Synopsis The Notwithstanding Clause and the Canadian Charter by : Peter L. Biro

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.

Notwithstanding

Author : Louis de Bernieres
Publisher : Vintage
ISBN 13 : 1101969881
Total Pages : 253 pages
Book Rating : 4.1/5 (19 download)

DOWNLOAD NOW!

Book Synopsis Notwithstanding by : Louis de Bernieres

Download or read book Notwithstanding written by Louis de Bernieres and published by Vintage. This book was released on 2016-10-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world around it marches forward, the bucolic English village of Notwithstanding remains unchanged. It is, as it always has been, a place of pubs and cricket pitches, where local eccentrics—a retired colonel who has eschewed clothes, a spiritualist living with the ghost of her husband, and a dog named Archibald Scott-Moncrieff—almost fit in. In this delightfully evocative collection of stories, in which a young couple falls in and out of love by letter alone, an eleven-year-old boy battles a monstrous fish, and a man of the cloth has a premonition of death, Louis de Bernières conjures up a rural idyll long since forgotten. Funny, bittersweet, and deeply felt, Notwithstanding is the bestselling author of Corelli’s Mandolin at his most enchanting.

Constitutionalism in the Charter Era

Author : Ian Ross Brodie
Publisher : Markham, Ont. : LexisNexis
ISBN 13 : 9780433444398
Total Pages : 445 pages
Book Rating : 4.4/5 (443 download)

DOWNLOAD NOW!

Book Synopsis Constitutionalism in the Charter Era by : Ian Ross Brodie

Download or read book Constitutionalism in the Charter Era written by Ian Ross Brodie and published by Markham, Ont. : LexisNexis. This book was released on 2004 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the Constitutionalism in the Charter era conference, held at University of Western Ontario, on Sept. 12, 2003.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

DOWNLOAD NOW!

Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

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)

DOWNLOAD NOW!

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

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

DOWNLOAD NOW!

Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

DOWNLOAD NOW!

Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.