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Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774858893
Category : Law
Languages : en
Pages : 335
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Book Description
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774858893
Category : Law
Languages : en
Pages : 335
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Book Description
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311
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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674268024
Category : LAW
Languages : en
Pages : 273
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Book Description
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774816767
Category : Law
Languages : en
Pages : 650
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Book Description
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Author: Glenn D. Hook
Publisher: Routledge
ISBN: 113454989X
Category : Law
Languages : en
Pages : 223
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Book Description
Japan's Contested Constitution is essential reading for anyone with an interest in Japanese domestic politics and the international role of Japan. Subjects covered include; * the no war, `pacifist' clause * tension between the constitution and the US-Japan security treaty * the political import of the constitution for Japanese political parties * the significance of the constitution for the Japanese people
Author: Ran Hirschl
Publisher: Cambridge University Press
ISBN: 1009473247
Category : Law
Languages : en
Pages : 387
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Book Description
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--
Author: Antje Wiener
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 280
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Book Description
This book focuses on the contested meanings of norms in a world of increasing international encounters.
Author: Antje Wiener
Publisher: Cambridge University Press
ISBN: 1107169526
Category : Law
Languages : en
Pages : 279
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Book Description
Examines the involvement of local actors in conflicts over global norms at the intersection between international relations and international law.
Author: Allan C. Hutchinson
Publisher: University of Toronto Press
ISBN: 1487507933
Category : Constitutional law
Languages : en
Pages : 220
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Book Description
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author: David Russell Fagelson
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 632
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Book Description
