Constitutional Dialogue PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Dialogue PDF full book. Access full book title Constitutional Dialogue by Geoffrey Sigalet. Download full books in PDF and EPUB format.
Author: Geoffrey Sigalet
Publisher: Cambridge University Press
ISBN: 1108417582
Category : Law
Languages : en
Pages : 487
Get Book Here
Book Description
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Author: Geoffrey Sigalet
Publisher: Cambridge University Press
ISBN: 1108417582
Category : Law
Languages : en
Pages : 487
Get Book Here
Book Description
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Author: David Johansen
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 14
Get Book Here
Book Description
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.
Author: Peter L. Biro
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228020220
Category : Political Science
Languages : en
Pages : 277
Get Book Here
Book Description
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:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford(2) and Devine(3) 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). [...] Section 33(1) of the Charter of Rights permits Parliament or a provincial legislature to adopt legislation to override section 2 of the Charter (containing such fundamental rights as freedom of expression, freedom of conscience, freedom of association and freedom of assembly) and sections 7-15 of the Charter (containing the right to life, liberty and security of the person, freedom from unreasonab [...] All rights and freedoms set out in the Charter are guaranteed, subject to reasonable limitations under the terms of section 1. This has the effect, in combination with section 32 of the Charter (making the Charter binding on Parliament and the legislatures) and section 52 of the Constitution Act, 1982 (making the Constitution, of which the Charter is a part, the supreme law of Canada), of entrench [...] There are a number of Canadian legislative precedents to section 33 in the notwithstanding provisions contained in the Canadian Bill of Rights,(6) the Saskatchewan Human Rights Code,(7) the Alberta Bill of Rights(8) and the Quebec Charter of Human Rights and Freedoms.(9). [...] Roy McMurtry, who participated in the First Ministers' Conference as Attorney General of Ontario, has written: The fact is that the clause does provide a form of balancing mechanism between the legislators and the courts in the unlikely event of a decision of the courts that is clearly contrary to the public interest.
Author: Roy J. Romanow
Publisher: Thomson Carswell
ISBN:
Category : Law
Languages : en
Pages : 338
Get Book Here
Book Description
Author: Canada
Publisher: Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN:
Category : Law
Languages : en
Pages : 188
Get Book Here
Book Description
Consolidated as of April 17, 1982.
Author: Jeffrey Lawrence
Publisher:
ISBN: 9780660132990
Category : Canada
Languages : en
Pages : 16
Get Book Here
Book Description
Author: Canada. Parliamentary Research Branch
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Peter Crawford Oliver
Publisher: Oxford University Press
ISBN: 0190664819
Category : Law
Languages : en
Pages : 1169
Get Book Here
Book Description
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.
Author: Michael Bradley
Publisher:
ISBN: 9781897453049
Category : Law
Languages : en
Pages : 146
Get Book Here
Book Description
This is the third book in the making of of likened to James Bond meets The Da Vinci Code, it will finds the American-Canadian adventurer pitted against marauding, firebomb throwing youth in a chaotic France of the near future.
