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Canada Notwithstanding
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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.
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.
Author :Canada Publisher :Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB) ISBN 13 : Total Pages :188 pages Book Rating :4.:/5 (31 download)
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.
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.
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.
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 Canada: The State of the Federation 2017 by : Elizabeth Goodyear-Grant
Download or read book Canada: The State of the Federation 2017 written by Elizabeth Goodyear-Grant and published by McGill-Queen's Press - MQUP. This book was released on 2019-10-16 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2015, the federal Liberals came to power with sweeping plans to revamp Canada's democratic and federal institutions - a modernizing agenda intended to revitalize Canada's democratic architecture. The centrepiece of the agenda was the replacement of Canada's first-past-the-post electoral system, but they also promised to revitalize relations with the provinces, bring Indigenous Peoples into the intergovernmental fold, and to change the ways in which senators and Supreme Court justices are appointed. How has the reform agenda faired? Has it resulted in a more effective and democratic set of political and federal institutions? Or has it largely failed to deliver on these objectives? What, more broadly, is the state of Canada's democratic and federal institutions? The Queen's Institute of Intergovernmental Relations used the occasion of Canada's 150th birthday to examine these pressing issues. The 2017 volume in the State of the Federation series focuses on enduring questions about the functioning of federalism and intergovernmental relations in Canada, including how we should evaluate the quality of Canada's institutions and practices in light of our federal structure, and how current institutional arrangements and their possible alternatives fare according to these criteria.
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.
Book Synopsis Canada’s Surprising Constitution by : Howard Kislowicz
Download or read book Canada’s Surprising Constitution written by Howard Kislowicz and published by UBC Press. This book was released on 2024-05-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.
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.
Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Oliver
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 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.
Book Synopsis Applied Political Theory and Canadian Politics by : David McGrane
Download or read book Applied Political Theory and Canadian Politics written by David McGrane and published by University of Toronto Press. This book was released on 2019-03-14 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together political theorists and specialists in Canadian politics, Applied Political Theory and Canadian Politics combines conceptual frameworks from political theory and empirical evidence to offer fresh perspectives on political events in contemporary Canada. Examining complex and timely subjects such as equality, social justice, democracy, citizenship, and ethnic diversity, contributors present current and archival research supplemented with insights drawn from political theory to give readers a deep and nuanced understanding of increasingly pressing issues in Canadian society. For scholars and students seeking a work of political theory that is tangible, focused, and connected to the real world of everyday politics, Applied Political Theory and Canadian Politics will be an important resource, combining philosophical insights and empirical evidence to enhance our understanding of contemporary Canadian politics.
Book Synopsis The Charter Debates by : Adam M. Dodek
Download or read book The Charter Debates written by Adam M. Dodek and published by University of Toronto Press. This book was released on 2018-01-01 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes. In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause. Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.
Book Synopsis The Canada Law Journal by : James Patton
Download or read book The Canada Law Journal written by James Patton and published by . This book was released on 1904 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes section "Book reviews."
Book Synopsis Federalism and the Constitution of Canada by : David E. Smith
Download or read book Federalism and the Constitution of Canada written by David E. Smith and published by University of Toronto Press. This book was released on 2010-10-30 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments sought to make institutions more representative of the country's diversity. In Federalism and the Constitution of Canada, award-winning author David E. Smith examines a series of royal commission and task force inquiries, a succession of federal-provincial conferences, and the competing and controversial terms of the Constitution Act of 1982 in order to evaluate both the popular and governmental understanding of federalism. In the process, Smith uncovers the reasons constitutional agreement has historically proved difficult to reach and argues that Canadian federalism 'in practice' has been more successful at accommodating foundational change than may be immediately apparent.
Book Synopsis Canada and the Ethics of Constitutionalism by : Samuel V. Laselva
Download or read book Canada and the Ethics of Constitutionalism written by Samuel V. Laselva and published by McGill-Queen's Press - MQUP. This book was released on 2018-12-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become.
Book Synopsis Canada's Diverse Peoples by : John M. Bumsted
Download or read book Canada's Diverse Peoples written by John M. Bumsted and published by Bloomsbury Publishing USA. This book was released on 2003-11-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Canada's profound racism in the 19th and early 20th centuries to its radical shift in immigration policy in the 1960s, this one-of-a-kind reference explores the past 1,000 years of ethnicity in Canada. In 1867 Canada was established as a political nation with two general ethnic cultures, yet more than 191 ethnic groups currently reside there. Canada's Diverse Peoples gives students of Canadian history, sociology, anthropology, and history a unique opportunity to understand the tensions, conflicts, and cooperation between Canada's indigenous and immigrant populations. In this comprehensive reference, Historian J.M. Bumsted takes readers on a chronological tour of Canada's ethnic history from aboriginal society and the French and English "founding cultures" to the "Alien Menace" of World War I and the influx of refugees after World War II. From the botched storming of the ship Komagata Maru and its forced return to India to Quebec's separatism, Bumsted explores one of the most important themes in Canadian historical development.