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Author: John V. Sullivan
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
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Book Description
Author: John V. Sullivan
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
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Book Description
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1324
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Book Description
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.
Author: Curtis Cook
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773564756
Category : Political Science
Languages : en
Pages : 306
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Book Description
Canada's fifth effort at "mega-constitutional politics" was a period of popular discussion and leadership negotiation, that ran from the defeat in 1990 of the Meech Lake Accord through the Charlottetown Accord and the referendum of 26 October 1992. Constitutional Predicament explores the referendum in relation to the democratic process; nationalism (Canadian, Aboriginal, Québécois) and pluralism; principles of constitutionalism, constitution-making, and popular participation in constitution-making; the role of the Charter and Supreme Court; future constitutional efforts; and worldwide trends. The contributors agree that Canadian voters rejected the Charlottetown proposals because they disapproved of both their content and the procedure by which they were drawn up. They conclude that, while Quebec remains the chief problem for the Canadian constitution, Quebec was not the sole constitutional issue or the sole issue which determined how Canadians voted. The constitutional process did help make it apparent that Canada is multinational and that each of the three major nations has valid claims on the political system. The contributors offer contrasting views on how the Charlottetown Accord came to read as it does, why negotiators at Charlottetown so misjudged public opinion, and the prognosis for further constitution-making. Readers may also see the referendum vote as a preview of the vote in the general election of October 1993, which unseated the Tories one year later, almost to the day. Taken together with the accompanying provocative commentaries, the essays will be of specific interest to students of Canadian politics and constitutional affairs. The complete text of the Charlottetown Accord is included in an appendix. The contributors and commentators are Janet Ajzenstat, Alan C. Cairns, Curtis Cook, Barry Cooper, Peter Emberley, David Hendrickson, Robert J. Jackson, Juan Lindau, F.L. Morton, Alain Noël, and James Tully.
Author: Barry L. Strayer
Publisher: University of Alberta
ISBN: 0888646879
Category : History
Languages : en
Pages : 361
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Book Description
From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.
Author: Adam Dodek
Publisher: Dundurn
ISBN: 1459752953
Category : Political Science
Languages : en
Pages : 163
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Book Description
A fully updated edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982, accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This new edition is a great primer for those reading Canada’s Constitution for the first time and is a useful reference work for students and scholars.
Author: Richard Simeond
Publisher: Springer
ISBN: 1349069914
Category : Political Science
Languages : en
Pages : 269
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Book Description
During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.
Author: Arthur Benz
Publisher: Oxford University Press
ISBN: 0198786077
Category : Law
Languages : en
Pages : 287
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Book Description
This volume compares processes of constitutional reform in federal and regionalized states.
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.
Author: Raymond B. Blake
Publisher: University of Toronto Press
ISBN: 1442628308
Category : History
Languages : en
Pages : 442
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Book Description
Asked in 2010 about his pugnacious approach to federal-provincial relations, Newfoundland premier Danny Williams declared "I would rather live one more day as a lion than ten years a jellyfish." He was only the latest in a long line of Newfoundland premiers who have fought for that province's interests on the national stage. From Joey Smallwood and the conflict over Term 29 of the Act of Union to Williams and his much-publicized clashes with Paul Martin and Stephen Harper, Newfoundland and Labrador's politicians have often expressed a determination to move beyond a legacy of colonialism and assert greater control over the province's own affairs. Lions or Jellyfish? examines the history of these federal-provincial clashes with both clarity and wit. Written by a noted expert on Newfoundland politics and intergovernmental affairs in Canada, this book studies a vital but frequently overlooked aspect of modern Canadian federalism.
