McGill Law Journal PDF Download
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Author:
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Category : Law
Languages : en
Pages : 626
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 626
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Book Description
Author: Dempsey
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108899137
Category : Law
Languages : en
Pages : 325
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Book Description
H. Patrick Glenn (1940–2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108421873
Category : Law
Languages : en
Pages : 179
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Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Author: Richard Albert
Publisher: Oxford University Press
ISBN: 0190640499
Category : Law
Languages : en
Pages : 353
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Book Description
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 0774855770
Category : Law
Languages : en
Pages : 189
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Book Description
The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.
Author: Francois Tanguay-Renaud
Publisher: Bloomsbury Publishing
ISBN: 1847319041
Category : Law
Languages : en
Pages : 334
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Book Description
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
Author: James Bickerton
Publisher: University of Toronto Press
ISBN: 144260705X
Category : Political Science
Languages : en
Pages : 537
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Book Description
The sixth edition of Canadian Politics offers a comprehensive introduction to Canadian government and politics by a highly respected group of political scientists. For this edition, the editors have organized the book into six parts. Part I examines Canadian citizenship and political identities, while Parts II and III deal with Canadian political institutions, including Aboriginal governments, and contain new chapters on the public service and Quebec. Parts IV and V shift the focus to the political process, discussing issues pertaining to culture and values, parties and elections, media, groups, movements, gender, and diversity. The chapters on Parliament, bureaucracy, political culture, political communications, social movements, and media are new to this edition. Finally, three chapters in the last section of the book analyze components of Canadian politics that have been gaining prominence during the last decade: the effects of globalization, the shifting ground of Canadian-American relations, and the place of Canada in the changing world order. Of the 21 chapters in this edition, 9 are new and the remainder have been thoroughly revised and updated.
Author: James Bickerton
Publisher: University of Toronto Press
ISBN: 1442607033
Category : Political Science
Languages : en
Pages : 537
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Book Description
"The sixth edition of Canadian Politics offers a comprehensive introduction to Canadian government and politics by a highly respected group of political scientists. For this edition, the editors have organized the book into six parts. Part I examines Canadian citizenship and political identities, while Parts II and III deal with Canadian political institutions, including Aboriginal governments, and contain new chapters on the public service and Quebec. Parts IV and V shift the focus to the political process, discussing issues pertaining to culture and values, parties and elections, media, groups, movements, gender, and diversity. The chapters on Parliament, bureaucracy, political culture, political communications, social movements, and media are new to this edition. Finally, three chapters in the last section of the book analyze components of Canadian politics that have been gaining prominence during the last decade: the effects of globalization, the shifting ground of Canadian-American relations, and the place of Canada in the changing world order. Of the 21 chapters in this edition, 9 are new and the remainder have been thoroughly revised and updated."--pub. desc.
Author: Anastasios Gourgourinis
Publisher: Routledge
ISBN: 1317964152
Category : Law
Languages : en
Pages : 402
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Book Description
This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
