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Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 0774866241
Category : Law
Languages : en
Pages : 228
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Book Description
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.
Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 0774866241
Category : Law
Languages : en
Pages : 228
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Book Description
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.
Author: Kate Puddister
Publisher: UBC Press
ISBN: 0774867949
Category : Political Science
Languages : en
Pages : 521
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Book Description
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection 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 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
Author:
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 394
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Book Description
Author: Vanya Gastrow
Publisher: NYU Press
ISBN: 1776147391
Category : Law
Languages : en
Pages : 252
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Book Description
Citizen and Pariah explores the fragility of law, pluralism and democracy in South Africa by investigating Somali informal shopkeepers’ experiences of crime, justice and regulation in the country. Through a narrative account of their local experiences, the book sheds light on the legal and political predicaments they face.
Author: Aileen Kavanagh
Publisher: Cambridge University Press
ISBN: 110862247X
Category : Law
Languages : en
Pages : 509
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Book Description
Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Author: Marcel Stoetzler
Publisher: U of Nebraska Press
ISBN: 0803266715
Category : Social Science
Languages : en
Pages : 493
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Book Description
Modern antisemitism and the modern discipline of sociology not only emerged in the same period, butOCoantagonism and hostility between the two discourses notwithstandingOCoalso overlapped and complemented each other. Sociology emerged in a society where modernization was often perceived as destroying unity and OC social cohesion.OCO Antisemitism was likewise a response to the modern age, offering in its vilifications of OC the JewOCO an explanation of societyOCOs deficiencies and crises. a"Antisemitism and the Constitution of Sociology" is a collection of essays providing a comparative analysis of modern antisemitism and the rise of sociology. This volume addresses three key areas: the strong influence of writers of Jewish background and the rising tide of antisemitism on the formation of sociology; the role of antisemitism in the historical development of sociology through its treatment by leading figures in the field, such as Emile Durkheim, Talcott Parsons, and Theodor W. Adorno; and the disciplineOCOs development in the aftermath of the Nazi Holocaust. Together the essays provide a fresh perspective on the history of sociology and the role that antisemitism, Jews, fascism, and the Holocaust played in shaping modern social theory. a"
Author: Alexandra Flynn
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228022096
Category : Political Science
Languages : en
Pages : 153
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Book Description
Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs. Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions. The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Author: Jeffrey M Shaman
Publisher: Oxford University Press
ISBN: 019971522X
Category : Law
Languages : en
Pages : 296
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Book Description
The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
Author: Wojciech Sadurski
Publisher:
ISBN: 0198840500
Category : Law
Languages : en
Pages : 305
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Book Description
Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 077482350X
Category : History
Languages : en
Pages : 266
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Book Description
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.
