Constitutional Odyssey

Constitutional Odyssey PDF Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 1442690488
Category : Political Science
Languages : en
Pages : 377

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Book Description
Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed. The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government. Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.

Constitutional Odyssey

Constitutional Odyssey PDF Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 1442690488
Category : Political Science
Languages : en
Pages : 377

Get Book Here

Book Description
Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed. The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government. Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.

Zipes V. Trans World Airlines, Inc

Zipes V. Trans World Airlines, Inc PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 104

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Book Description


Closing the Courthouse Door

Closing the Courthouse Door PDF Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300224907
Category : Law
Languages : en
Pages : 280

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Book Description
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.

United States Code

United States Code PDF Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 906

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Book Description


Supreme Myths

Supreme Myths PDF Author: Eric J. Segall
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 281

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Book Description
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

Democracy in Canada

Democracy in Canada PDF Author: Donald J. Savoie
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228000416
Category : Political Science
Languages : en
Pages : 460

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Book Description
Canada's representative democracy is confronting important challenges. At the top of the list is the growing inability of the national government to perform its most important roles: namely mapping out collective actions that resonate in all regions as well as enforcing these measures. Others include Parliament's failure to carry out important responsibilities, an activist judiciary, incessant calls for greater transparency, the media's rapidly changing role, and a federal government bureaucracy that has lost both its way and its standing. Arguing that Canadians must reconsider the origins of their country in order to understand why change is difficult and why they continue to embrace regional identities, Democracy in Canada explains how Canada's national institutions were shaped by British historical experiences, and why there was little effort to bring Canadian realities into the mix. As a result, the scope and size of government and Canadian federalism have taken on new forms largely outside the Constitution. Parliament and now even Cabinet have been pushed aside so that policy makers can design and manage the modern state. This also accounts for the average citizen's belief that national institutions cater to economic elites, to these institutions' own members, and to interest groups at citizens' own expense. A masterwork analysis, Democracy in Canada investigates the forces shaping the workings of Canadian federalism and the country's national political and bureaucratic institutions.

Supreme Court Practice

Supreme Court Practice PDF Author: Robert L. Stern
Publisher:
ISBN:
Category :
Languages : en
Pages : 738

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Book Description


United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


American Legal Systems

American Legal Systems PDF Author: Toni M. Fine
Publisher: Anderson Publishing Company (OH)
ISBN:
Category : Law
Languages : en
Pages : 148

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Book Description


Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.