Governing with the Charter

Governing with the Charter PDF 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.

Governing with the Charter

Governing with the Charter PDF Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774840080
Category : Law
Languages : en
Pages : 338

Get Book Here

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.

Extending Rights' Reach

Extending Rights' Reach PDF Author: Jud Mathews
Publisher: Oxford University Press
ISBN: 0190682914
Category : Law
Languages : en
Pages : 265

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Book Description
Constitutional rights protect individuals "vertically" against government overreach, but may also regulate legal relations "horizontally" among private parties in most legal systems. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about those choices and their consequences. It offers three case studies, of Germany, the United States, and Canada, showing how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

Law and Morality

Law and Morality PDF Author: David Dyzenhaus
Publisher: University of Toronto Press
ISBN: 0802094899
Category : Law
Languages : en
Pages : 1095

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Book Description
Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

Prairie Fairies

Prairie Fairies PDF Author: Valerie J. Korinek
Publisher: University of Toronto Press
ISBN: 0802095313
Category : History
Languages : en
Pages : 527

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Book Description
Prairie Fairies draws upon a wealth of oral, archival, and cultural histories to recover the experiences of queer urban and rural people in the prairies. Focusing on five major urban centres, Winnipeg, Saskatoon, Regina, Edmonton, and Calgary, Prairie Fairies explores the regional experiences and activism of queer men and women by looking at the community centres, newsletters, magazines, and organizations that they created from 1930 to 1985.? Challenging the preconceived narratives of queer history, Valerie J. Korinek argues that the LGBTTQ community has a long history in the prairie west, and that its history, previously marginalized or omitted, deserves attention. Korinek pays tribute to the prairie activists and actors who were responsible for creating spaces for socializing, politicizing, and organizing this community, both in cities and rural areas. Far from the stereotype of the isolated, insular Canadian prairies of small towns and farming communities populated by faithful farm families, Prairie Fairies historicizes the transformation of prairie cities, and ultimately the region itself, into a predominantly urban and diverse place.

Canadian Annual Review of Politics and Public Affairs 1992

Canadian Annual Review of Politics and Public Affairs 1992 PDF Author: David Leyton-Brown
Publisher: University of Toronto Press
ISBN: 9780802043696
Category : Political Science
Languages : en
Pages : 356

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Book Description
Featuring essays on parliament and politics, Ottawa and the provinces, and external affairs, the Canadian Annual Review of Politics and Public Affairs provides a comprehensive account of the year's events.

Michigan Journal of Gender & Law

Michigan Journal of Gender & Law PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 610

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Book Description


Canadian Labour Law Reporter

Canadian Labour Law Reporter PDF Author:
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 1542

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Book Description


AIDS in the Workplace

AIDS in the Workplace PDF Author: Susan A. Radke
Publisher:
ISBN:
Category : AIDS (Disease)
Languages : en
Pages : 96

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Book Description
D. Individuals with ARC

Dalhousie Journal of Legal Studies

Dalhousie Journal of Legal Studies PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 746

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Book Description


Not So Normal

Not So Normal PDF Author: Tom Symington
Publisher: FriesenPress
ISBN: 1039184650
Category : Biography & Autobiography
Languages : en
Pages : 394

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Book Description
Growing up in post-World War II Alberta in a stable, loving home, Tom Symington didn’t feel that he was “different.” Evading early pressures of romance and sexual exploration, repressing instances of name-calling (“femmy”), and hostility from schoolmates, Tom was almost able to believe in a world that valued the rights and freedoms of all citizens. From Calgary to Sierra Leone to France, this candid, heartbreaking memoir braids the evolution of gay rights in Canada with the life journey of one individual. Following high school, as Tom entered university and became a teacher, he was forced to reconcile his sexual orientation with the prevailing social and legal environment in Alberta, Canada, and the world beyond. As decades passed, “femmy” merged with “gay,” “queer,” and “LGBTQ+ community” in a rallying movement and an enduring struggle towards pride and self-acceptance against the current of societal expectations and discriminatory legislation. Not So Normal is as much a coming-of-age odyssey and a celebration of selfhood as it is a grave reminder that there is still much work to be done in the realm of human rights, and an urgent call to action to recentre love in our increasingly diverse and divisive world.