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The Canadian And American Constitutions In Comparative Perspective
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Book Synopsis Constitutional Politics in Canada and the United States by : Stephen L. Newman
Download or read book Constitutional Politics in Canada and the United States written by Stephen L. Newman and published by State University of New York Press. This book was released on 2012-02-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
Book Synopsis The Invisible Constitution in Comparative Perspective by : Rosalind Dixon
Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.
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 Engineering Constitutional Change by : Xenophōn I. Kontiadēs
Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Author :Marian Cecilia McKenna Publisher :Calgary : University of Calgary Press ISBN 13 :9781895176261 Total Pages :219 pages Book Rating :4.1/5 (762 download)
Book Synopsis The Canadian and American Constitutions in Comparative Perspective by : Marian Cecilia McKenna
Download or read book The Canadian and American Constitutions in Comparative Perspective written by Marian Cecilia McKenna and published by Calgary : University of Calgary Press. This book was released on 1993 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning over two centuries of constitutional developments in the United States & Canada, this comprehensive collection of essays brings together the provocative writings of prominent political scientists & jurists from both countries on the historical origins, ideology, function & political determinants of the two working constitutional systems. The book's lively & clear analysis summarises the intricate details of constitutional politics in a way that will help readers to face up to the historical choices that now confront us. Policies that have dominated public debate in recent years are examined under four broad headings: federalism, church-state relations, the politics of rights & the role of judges in formulating public policy. Addressed both to students of law, history & political science & to all who are concerned about their constitutional future, these essays examine issues that have led to profound changes in the lives of ordinary citizens in both countries.
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 Origins of Canadian and American Political Differences by : Jason Kaufman
Download or read book The Origins of Canadian and American Political Differences written by Jason Kaufman and published by Harvard University Press. This book was released on 2009-02-16 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do the United States and Canada have such divergent political cultures when they share one of the closest economic and cultural relationships in the world? Canadians and Americans consistently disagree over issues such as the separation of church and state, the responsibility of government for the welfare of everyone, the relationship between federal and subnational government, and the right to marry a same-sex partner or to own an assault rifle. In this wide-ranging work, Jason Kaufman examines the North American political landscape to draw out the essential historical factors that underlie the countries’ differences. He discusses the earliest European colonies in North America and the Canadian reluctance to join the American Revolution. He compares land grants and colonial governance; territorial expansion and relations with native peoples; immigration and voting rights. But the key lies in the evolution and enforcement of jurisdictional law, which illuminates the way social relations and state power developed in the two countries. Written in an accessible and engaging style, this book will appeal to readers of sociology, politics, law, and history as well as to anyone interested in the relationship between the United States and Canada.
Book Synopsis Insiders and Outsiders by : Gerald Kernerman
Download or read book Insiders and Outsiders written by Gerald Kernerman and published by UBC Press. This book was released on 2005 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insiders and Outsiders celebrates the work of Alan Cairns, one of the most influential Canadian social scientists of the contemporary period. Few scholars have helped shape so many key debates in such a wide range of topics in Canadian politics, from the electoral system and federalism, to constitutional and Charter politics, to questions of Aboriginal citizenship. This volume contains engaging and critical analyses of Cairns' contributions by a diverse group of scholars--political scientists, legal scholars, historians, and policymakers, many of them leaders in their own fields. It includes assessments of his role as a public intellectual, his interpretation of Canada's electoral system, his views on federalism and on Canadian unity, his approach to Aboriginal/non-Aboriginal relations, and his writings on citizenship and diversity. The book will be of particular interest to students and scholars of Canadian politics, history, and society, especially those examining issues such as the Charter of Rights, Aboriginal politics, federalism, multiculturalism, political institutions, and political change. It should also be of interest to a larger public that follows the Canadian political scene, and that shares Cairns' concerns with broad questions of citizenship, diversity, and national unity.
Book Synopsis Interpreting Constitutions by : Jeffrey Denys Goldsworthy
Download or read book Interpreting Constitutions written by Jeffrey Denys Goldsworthy and published by Oxford University Press. This book was released on 2006-02-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Book Synopsis From Words to Worlds by : Beau Breslin
Download or read book From Words to Worlds written by Beau Breslin and published by JHU Press. This book was released on 2009-01-26 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation’s fundamental law. Breslin lays out and explains the basic functions of a modern constitution—including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also discusses the theoretical concepts behind the fundamentals of written constitutions and examines in depth some of the most important constitutional charters from around the world. In assaying how states put structural ideas into practice, Breslin asks probing questions about why—and if—constitutions matter. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state’s foundational document must address. Breslin draws a critically important distinction between constitutional texts and constitutional practice.
Book Synopsis The Borderlands of the American and Canadian Wests by : Sterling Evans
Download or read book The Borderlands of the American and Canadian Wests written by Sterling Evans and published by U of Nebraska Press. This book was released on 2006-01-01 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Borderlands of the American and Canadian Wests is the first collection of interdisciplinary essays bringing together scholars from both sides of the forty-ninth parallel to examine life in a transboundary region. The result is a text that reveals the diversity, difficulties, and fortunes of this increasingly powerful but little-understood part of the North American West. Contributions by historians, geographers, anthropologists, and scholars of criminal justice and environmental studies provide a comprehensive picture of the history of the borderlands region of the western United States and Canada. The Borderlands of the American and Canadian Wests is divided into six parts: Defining the Region, Colonizing the Frontier, Farming and Other Labor Interactions, the Borderlands as a Refuge in the Nineteenth Century, the Borderlands as a Refuge in the Twentieth Century, and Natural Resources and Conservation along the Border. Topics include the borderlands environment; its aboriginal and gender history; frontier interactions and comparisons; agricultural and labor relations; tourism; the region as a refuge for Mormons, far-right groups, and Vietnam War resisters; and conservation and natural resources. These areas show how the history and geography of the borderlands region has been transboundary, multidimensional, and unique within North America.
Book Synopsis Comparative Constitutional Law by : Tom Ginsburg
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Book Synopsis The Invisible Constitution by : Laurence H. Tribe
Download or read book The Invisible Constitution written by Laurence H. Tribe and published by Oxford University Press. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Book Synopsis A Different Democracy by : Steven L. Taylor
Download or read book A Different Democracy written by Steven L. Taylor and published by Yale University Press. This book was released on 2014-10-28 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four distinguished scholars in political science analyze American democracy from a comparative point of view, exploring how the U.S. political system differs from that of thirty other democracies and what those differences ultimately mean for democratic performance. This essential text approaches the following institutions from a political engineering point of view: constitutions, electoral systems, and political parties, as well as legislative, executive, and judicial power. The text looks at democracies from around the world over a two-decade time frame. The result is not only a fresh view of the much-discussed theme of American exceptionalism but also an innovative approach to comparative politics that treats the United States as but one case among many. An ideal textbook for both American and comparative politics courses.
Book Synopsis Constitutional Dialogues in Comparative Perspective by : S. Kenney
Download or read book Constitutional Dialogues in Comparative Perspective written by S. Kenney and published by Springer. This book was released on 1999-01-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognised as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting more than ever the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.
Book Synopsis The American Empire and the Fourth World by : Anthony J. Hall
Download or read book The American Empire and the Fourth World written by Anthony J. Hall and published by McGill-Queen's Press - MQUP. This book was released on 2005 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a book that Naomi Klein says could "change the world," Anthony Hall shows that the globalization debate actually began in 1492.
Book Synopsis Comparative Politics by : B. Guy Peters
Download or read book Comparative Politics written by B. Guy Peters and published by NYU Press. This book was released on 1998-10 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the issues involved in the attempts to compare political systems, and discusses how the methods and results of comparative politics can be improved.
