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Author: Janet Hiebert
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773524088
Category : Law
Languages : en
Pages : 310
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Book Description
The first comprehensive examination of how the Charter influences political choices on social policy.
Author: Janet Hiebert
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773524088
Category : Law
Languages : en
Pages : 310
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Book Description
The first comprehensive examination of how the Charter influences political choices on social policy.
Author: Janet L. Hiebert
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773570373
Category : Political Science
Languages : en
Pages : 280
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Book Description
Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.
Author: Noah Feldman
Publisher: Farrar, Straus and Giroux
ISBN: 0374720878
Category : History
Languages : en
Pages : 236
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Book Description
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Author: United Nations
Publisher: UN
ISBN: 9789210016513
Category : Political Science
Languages : en
Pages : 112
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Book Description
The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.
Author: Mary Searcy Bixby
Publisher:
ISBN: 9781626345881
Category : Charter schools
Languages : en
Pages : 0
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Book Description
Public education in the United States faces an unprecedented crisis. The explosive growth of charter schools over the last two decades has shaken the status quo to its core. At stake are the future of public schools and how they will continue to educate our nation's youth. Clashes over money and ideologies have led to a struggle between the public education establishment and those at the forefront of educational reform. The conflict is being waged in the court of public opinion, as well as in courtrooms throughout the country. While the outcome is impossible to predict, both sides are preparing for a fight of David versus Goliath proportions. Collaboration is critical to the success of both. In Charter Storm, they use their combined knowledge and research of over 120 individual interviews over five years to teach you about-- - essential insights those new to the charter school movement need for their schools to survive and thrive - how aggressive educational establishment pushback threatens to sweep away the most vulnerable - key issues authorizers must know to effectively oversee their organizations - the overwhelming challenges the educational establishment faces today and how it can effectively navigate the changing local and national educational landscape - why active participation and support of charter school associations are essential to each charter school and the educational reform movement's long-term success - what every charter school parent needs to know to create and support an exceptional educational experience for his or her children.
Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774840080
Category : Law
Languages : en
Pages : 338
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Book Description
In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Author: United States
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 460
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Book Description
Author: J. Peter Meekison
Publisher: McGill-Queen's Press - MQUP
ISBN: 1553390083
Category : Canada
Languages : en
Pages : 527
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Book Description
Beginning with an examination of the role of traditional institutions such as Parliament, Cabinet, the Supreme Court, and political parties, Canada: State of the Federation 2002 affirms the long-held belief that these bodies do not provide effective forums for interregional bargaining, creating a void that has been filled at least in part by executive federalism. Contributors conclude that the performance of traditional institutions, taken as a whole, has deteriorated over the last several decades, placing more pressure on the processes of executive federalism.
Author: Douglas N. Harris
Publisher: University of Chicago Press
ISBN: 022669478X
Category : Education
Languages : en
Pages : 320
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Book Description
In the wake of the tragedy and destruction that came with Hurricane Katrina in 2005, public schools in New Orleans became part of an almost unthinkable experiment—eliminating the traditional public education system and completely replacing it with charter schools and school choice. Fifteen years later, the results have been remarkable, and the complex lessons learned should alter the way we think about American education. New Orleans became the first US city ever to adopt a school system based on the principles of markets and economics. When the state took over all of the city’s public schools, it turned them over to non-profit charter school managers accountable under performance-based contracts. Students were no longer obligated to attend a specific school based upon their address, allowing families to act like consumers and choose schools in any neighborhood. The teacher union contract, tenure, and certification rules were eliminated, giving schools autonomy and control to hire and fire as they pleased. In Charter School City, Douglas N. Harris provides an inside look at how and why these reform decisions were made and offers many surprising findings from one of the most extensive and rigorous evaluations of a district school reform ever conducted. Through close examination of the results, Harris finds that this unprecedented experiment was a noteworthy success on almost every measurable student outcome. But, as Harris shows, New Orleans was uniquely situated for these reforms to work well and that this market-based reform still required some specific and active roles for government. Letting free markets rule on their own without government involvement will not generate the kinds of changes their advocates suggest. Combining the evidence from New Orleans with that from other cities, Harris draws out the broader lessons of this unprecedented reform effort. At a time when charter school debates are more based on ideology than data, this book is a powerful, evidence-based, and in-depth look at how we can rethink the roles for governments, markets, and nonprofit organizations in education to ensure that America’s schools fulfill their potential for all students.
Author: United States
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 348
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Book Description
