Policy Change, Courts, and the Canadian Constitution

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

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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.

Policy Change, Courts, and the Canadian Constitution

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1487519494
Total Pages : 461 pages
Book Rating : 4.4/5 (875 download)

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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 2018-11-23 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.

Judicial Power and Canadian Democracy

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773568891
Total Pages : 347 pages
Book Rating : 4.7/5 (735 download)

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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 347 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).

Constitutional Pariah

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Author :
Publisher : UBC Press
ISBN 13 : 0774866241
Total Pages : 228 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Constitutional Pariah by : Emmett Macfarlane

Download or read book Constitutional Pariah written by Emmett Macfarlane and published by UBC Press. This book was released on 2021-04-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.

The Constitution Act, 1982

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

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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:

A Consolidation of the Constitution Acts 1867 to 1982

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

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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.

Contested Constitutionalism

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Publisher : UBC Press
ISBN 13 : 0774816767
Total Pages : 650 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Contested Constitutionalism by : James B. Kelly

Download or read book Contested Constitutionalism written by James B. Kelly and published by UBC Press. This book was released on 2010 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.

The Oxford Handbook of the Canadian Constitution

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

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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.

Canada's Constitutional Law in a Nutshell

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Author :
Publisher :
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Canada's Constitutional Law in a Nutshell by : Bernard W. Funston

Download or read book Canada's Constitutional Law in a Nutshell written by Bernard W. Funston and published by . This book was released on 1998 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A History of Law in Canada, Volume One

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1487530595
Total Pages : 928 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis A History of Law in Canada, Volume One by : Philip Girard

Download or read book A History of Law in Canada, Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Truth Be Told

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Publisher : Simon and Schuster
ISBN 13 : 1982104988
Total Pages : 385 pages
Book Rating : 4.9/5 (821 download)

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Book Synopsis Truth Be Told by : Beverley McLachlin

Download or read book Truth Be Told written by Beverley McLachlin and published by Simon and Schuster. This book was released on 2019-09-24 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: INSTANT NATIONAL BESTSELLER WINNER OF THE WRITERS’ TRUST SHAUGHNESSY COHEN PRIZE WINNER OF THE OTTAWA BOOK AWARD FOR NONFICTION ​Former Chief Justice of the Supreme Court of Canada Beverley McLachlin offers an intimate and revealing look at her life, from her childhood in the Alberta foothills to her career on the Supreme Court, where she helped to shape the social and moral fabric of the country. As a young girl, Beverley McLachlin’s world was often full of wonder—at the expansive prairie vistas around her, at the stories she discovered in the books at her local library, and at the diverse people who passed through her parents’ door. While her family was poor, their lives were rich in the ways that mattered most. Even at a young age, she had an innate sense of justice, which was reinforced by the lessons her parents taught her: Everyone deserves dignity. All people are equal. Those who work hard reap the rewards. Willful, spirited, and unusually intelligent, she discovered in Pincher Creek an extraordinary tapestry of people and perspectives that informed her worldview going forward. Still, life in the rural Prairies was lonely, and gaining access to education—especially for girls—wasn’t always easy. As a young woman, McLachlin moved to Edmonton to pursue a degree in philosophy. There, she discovered her passion lay not in academia, but in the real world, solving problems directly related to the lives of the people around her. And in the law, she found the tools to do exactly that. She soon realized, though, that the world was not always willing to accept her. In her early years as an articling student and lawyer, she encountered sexism, exclusion, and old boys’ clubs at every turn. And outside the courtroom, personal loss and tragedies struck close to home. Nonetheless, McLachlin was determined to prove her worth, and her love of the law and the pursuit of justice pulled her through the darkest moments. McLachlin’s meteoric rise through the courts soon found her serving on the highest court in the country, becoming the first woman to be named Chief Justice of the Supreme Court of Canada. She rapidly distinguished herself as a judge of renown, one who was never afraid to take on morally complex or charged debates. Over the next eighteen years, McLachlin presided over the most prominent cases in the country—involving Charter challenges, same-sex marriage, and euthanasia. One judgment at a time, she laid down a legal legacy that proved that fairness and justice were not luxuries of the powerful but rather obligations owed to each and every one of us. With warmth, honesty, and deep wisdom, McLachlin invites us into her legal and personal life—into the hopes and doubts, the triumphs and losses on and off the bench. Through it all, her constant faith in justice remained her true north. In an age of division and uncertainty, McLachlin’s memoir is a reminder that justice and the rule of law remain our best hope for a progressive and bright future.

The Charter Revolution and the Court Party

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Author :
Publisher : Peterborough, Ont. : Broadview Press
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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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

The Charter of Rights and the Legalization of Politics in Canada

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Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis The Charter of Rights and the Legalization of Politics in Canada by : Michael Mandel

Download or read book The Charter of Rights and the Legalization of Politics in Canada written by Michael Mandel and published by . This book was released on 1989 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legislating under the Charter

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Publisher : University of Toronto Press
ISBN 13 : 1487558171
Total Pages : 320 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Legislating under the Charter by : Emmett Macfarlane

Download or read book Legislating under the Charter written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2023-03-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.

The Oxford Handbook of Canadian Politics

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Publisher : Oxford University Press, USA
ISBN 13 : 019533535X
Total Pages : 569 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Oxford Handbook of Canadian Politics by : John Courtney

Download or read book The Oxford Handbook of Canadian Politics written by John Courtney and published by Oxford University Press, USA. This book was released on 2010-04-29 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Canadian Politics provides a comprehensive overview of the transformation that has occurred in Canadian politics since it acheived autonomy nearly a century ago, examining the institutions and processes of Canadian government and politics at the local, provincial and federal levels. It analyzes all aspects of the Canadian political system: the courts, elections, political parties, Parliament, the constitution, fiscal and political federalism, the diffusion of policies between regions, and various aspects of public policy.

Constitutional Construction

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Publisher : Harvard University Press
ISBN 13 : 0674045157
Total Pages : 315 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Construction by : Keith E. Whittington

Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

The New Commonwealth Model of Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.