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Policy Change Courts And The Canadian Constitution
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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.
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.
Book Synopsis Constitutional Crossroads by : Kate Puddister
Download or read book Constitutional Crossroads written by Kate Puddister and published by UBC Press. This book was released on 2022-12-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.
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.
Book Synopsis The Courts and the Canadian Constitution by : W.R. Lederman
Download or read book The Courts and the Canadian Constitution written by W.R. Lederman and published by McGill-Queen's Press - MQUP. This book was released on 1964-01-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Institute for Research on Public Policy Publisher :McGill-Queen's Press - MQUP ISBN 13 :0773521313 Total Pages :348 pages Book Rating :4.7/5 (735 download)
Book Synopsis Judicial Power and Canadian Democracy by : Institute for Research on Public Policy
Download or read book Judicial Power and Canadian Democracy written by Institute for Research on Public Policy and published by McGill-Queen's Press - MQUP. This book was released on 2001 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.
Book Synopsis Governing from the Bench by : Emmett Macfarlane
Download or read book Governing from the Bench written by Emmett Macfarlane and published by UBC Press. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
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.
Book Synopsis Law, Politics and the Judicial Process in Canada by : Frederick Lee Morton
Download or read book Law, Politics and the Judicial Process in Canada written by Frederick Lee Morton and published by Calgary : University of Calgary Press. This book was released on 1984 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Seeking the Court’s Advice by : Kate Puddister
Download or read book Seeking the Court’s Advice written by Kate Puddister and published by UBC Press. This book was released on 2019-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.
Book Synopsis The Canadian Constitution and the Courts by : Barry L. Strayer
Download or read book The Canadian Constitution and the Courts written by Barry L. Strayer and published by Butterworth-Heinemann. This book was released on 1988 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Political Role of Law Courts in Modern Democracies by : Jerold Waltman
Download or read book The Political Role of Law Courts in Modern Democracies written by Jerold Waltman and published by Springer. This book was released on 1988-02-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: No society can function without judicial institutions. At a minimum, conflict must be regulated and the criminal law enforced. Ironically, though, modern political science has tended to ignore the role of courts in advanced industrial societies, so much so that even basic information has often been unavailable. This book covers three important bases. First, it provides, for the first time, up-to-date material about the court systems - their structures, their personnel, their jurisdictions - of the major democratic nations. Second, it places the courts in their political context, eschewing legalism and stressing their linkages with other institutions and their role in the policy process. Third, there is an attempt to assess the direction of contemporary change, especially how it relates to broader themes of other types of political change.
Book Synopsis The Canadian Constitution by : Adam Dodek
Download or read book The Canadian Constitution written by Adam Dodek and published by Dundurn. This book was released on 2016-10-22 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hill Times: Best Books of 2016 A new, expanded edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works, and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index so far to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This revised and expanded edition is a great primer for those coming to Canada’s Constitution for the first time, and a useful reference work for students and scholars.
Book Synopsis From Democracy to Judicial Dictatorship in Canada by : Patrick Redmond
Download or read book From Democracy to Judicial Dictatorship in Canada written by Patrick Redmond and published by . This book was released on 2019-03-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: FROM DEMOCRACY TOJUDICIAL DICTATORSHIP IN CANADA:THE UNTOLD STORY OF THE CHARTER OF RIGHTSCanada has been profoundly changed since our Constitution, including the Charter of Rights, came to be patriated in 1982. This took place without any national referendum or public support.The 1982 Patriation caused the transfer of power from the elected federal Parliament and provincial Legislatures which are accountable to the public, to nonelected, unaccountable judges sitting on the Supreme Court of Canada. The judiciary now make, without public input or accountability, fundamental decisions affecting our daily lives.From Democracy to Judicial Dictatorship in Canada reveals how this dramatic change came about. Based on documentary evidence, the authors disclose how Prime Minister Pierre Elliott Trudeau: An ardent socialist, became a member of the Liberal Party of Canada solely to use it as a platform to change Canada's Constitution according to his directions.Had no respect for the elected Members of Parliament, and preferred that elitist appointed judges make fundamental decisions, using the Charter as their tool to reshape Canadian values and society. Engaged in obnoxious behaviour deliberately misleading the public about the purpose and effect of his proposed Charter of Rights.Canadian judges have used the Charter to expand their role and influence, contrary to the clear intent of the drafters of the Charter. Time and again, judges have thrown aside judicial restraint, abandoned legal merit and precedent as the basis of their decisions, and instead have applied their own political ideology in reaching their decisions. They have now become the most powerful individuals in Canadian history.These startling events are examined through a critique of a number of Supreme Court of Canada and lower court cases, and the apparent mentality of the judges who believe that they are personally qualified to decide "what is best for Canadians."This book provides the reader with a three part assessment of our current state of constitutional crisis. The first part is a survey of the politics that went into the 1982 patriation of Canada's Constitution. The second, the loss of Parliamentary sovereignty and the rise of judicial activism. In the third part, the authors make the case that reform is not only necessary but possible. Both the courts and Parliament must actively seek to re-balance their respective roles based on principles of responsible government and electoral accountability, to ensure that Canada, once again, becomes strong and free, rooted in the consent of the governed.
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 2017-11-02 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
Book Synopsis Health Care and the Charter by : Christopher P. Manfredi
Download or read book Health Care and the Charter written by Christopher P. Manfredi and published by UBC Press. This book was released on 2018-01-15 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services. This book explores the paths that brought litigants to the Court, the arguments that supported their positions, and the substance of the victory or defeat the Court provided.
