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Author: Allan C. Hutchinson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
"The enactment of the Charter of Rights and Freedoms in 1982 was celebrated as the harbinger of a new dawn in Canadian democratic politics. In this book, Allan Hutchinson contends that it was and continues to be a serious mistake. In his central argument he shows that, far from enhancing civic life, the Charter has attenuated both its practice and potential. He extends his argument to rights litigation in general, showing how 'rights-talk' actually betrays the cause of democracy." "Although primarily focusing on Canadian cases and writings, Hutchinson raises concerns that stretch well beyond Canada's boundaries. He condemns the assumptions and institutions associated with liberalism generally and shows how even critics of constitutional decision-making remain within flawed liberal premises. The book's coup de grace lies in its analysis of some leading decisions of the Supreme Court of Canada, revealing the extent to which the Court has tendentiously interpreted many supposedly fundamental rights and freedoms. Thus exposing the constitutional enactment of rights as an elaborate legal mechanism that lulls citizens into political quietism, Hutchinson champions a style of politics that engages the virtues of democratic dialogue over the vices of rights-talk." "With this work Hutchinson has created a powerfully deconstructive expose of the unfulfilled promise of the Charter, offering constructive suggestions for a change of democratic focus. This is a persuasive and vital critique, whose influence will reach beyond law schools into the heart of contemporary political debate."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Allan C. Hutchinson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
"The enactment of the Charter of Rights and Freedoms in 1982 was celebrated as the harbinger of a new dawn in Canadian democratic politics. In this book, Allan Hutchinson contends that it was and continues to be a serious mistake. In his central argument he shows that, far from enhancing civic life, the Charter has attenuated both its practice and potential. He extends his argument to rights litigation in general, showing how 'rights-talk' actually betrays the cause of democracy." "Although primarily focusing on Canadian cases and writings, Hutchinson raises concerns that stretch well beyond Canada's boundaries. He condemns the assumptions and institutions associated with liberalism generally and shows how even critics of constitutional decision-making remain within flawed liberal premises. The book's coup de grace lies in its analysis of some leading decisions of the Supreme Court of Canada, revealing the extent to which the Court has tendentiously interpreted many supposedly fundamental rights and freedoms. Thus exposing the constitutional enactment of rights as an elaborate legal mechanism that lulls citizens into political quietism, Hutchinson champions a style of politics that engages the virtues of democratic dialogue over the vices of rights-talk." "With this work Hutchinson has created a powerfully deconstructive expose of the unfulfilled promise of the Charter, offering constructive suggestions for a change of democratic focus. This is a persuasive and vital critique, whose influence will reach beyond law schools into the heart of contemporary political debate."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Yvonne M. Hébert
Publisher: University of Toronto Press
ISBN: 9780802078353
Category : Education
Languages : en
Pages : 300
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Book Description
Contributors argue persuasively that since conceptions of democratic citizenship are changing, so too should operational definitions of citizenship education.
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: Mark Tushnet
Publisher: Routledge
ISBN: 1351573780
Category : Political Science
Languages : en
Pages : 720
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Book Description
This collection examines the justifications for using bills of rights to protect fundamental human rights and the mechanisms for enforcing provisions in those documents. Articles deal with different forms of judicial enforcement and with legislative enforcement, of rights protected by such documents. The collection includes a road-map for evaluating the effectiveness of these alternative enforcement mechanisms.
Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 1442658800
Category : Law
Languages : en
Pages : 348
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Book Description
There is a unique constitutional relationship between Aboriginal people and the Canadian state – a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.
Author: Richard Victor Ericson
Publisher: Clarendon Studies in Criminolo
ISBN: 0198265778
Category : Psychology
Languages : en
Pages : 506
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Book Description
The focus of this book is the policing of modern society and the risks involved. It explores various issues and factors effecting policing communities, particularly communication and police organization.
Author: Richard Moon
Publisher: University of Toronto Press
ISBN: 9780802078360
Category : Law
Languages : en
Pages : 330
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Book Description
Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Author: Ellen Anderson
Publisher: University of Toronto Press
ISBN: 9780802085825
Category : Biography & Autobiography
Languages : en
Pages : 534
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Book Description
Madame Justice Bertha Wilson, the first woman appointed to the Supreme Court of Canada, is an enormously influential and controversial figure in Canadian legal and political history. This engaging, authorized, intellectual biography draws on interviews conducted under the auspices of the Osgoode Society for Legal History, held in Scotland and Canada with Madame Justice Wilson, as well as with her friends, relatives, and colleagues. The biography traces Wilson's story from her birth in Scotland in 1923 to the present. Wilson's contributions to the areas of human rights law and equality jurisprudence are many and well-known. Lesser known are her early days in Scotland and her work as a minister's wife or her post-judicial work on gender equality for the Canadian Bar Association and her contributions to the Royal Commission on Aboriginal Peoples. Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality. This stance has had an enduring effect on the evolution of Canadian law and cultural history. Supported with the warmth and generosity of Wilson's numerous personal anecdotes, this work illuminates the life and throught of a woman who has left an extraordinary mark on Canada's legal landscape.
Author: Xenophōn I. Kontiadēs
Publisher: Routledge
ISBN: 041552976X
Category : Law
Languages : en
Pages : 490
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Book Description
This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Author: Christopher Manfredi
Publisher: University of Toronto Press
ISBN: 1442604182
Category : Political Science
Languages : en
Pages : 160
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Book Description
In Judging Democracy, Christopher Manfredi and Mark Rush challenge assertions that the Canadian and American Supreme Courts have taken radically different approaches to constitutional interpretation regarding general and democratic rights. Three case studies compare Canadian and American law concerning prisoners' voting rights, the scope and definition of voting rights, and campaign spending. These examples demonstrate that the two Supreme Courts have engaged in essentially the same debates concerning the franchise, access to the ballot, and the concept of a "meaningful" vote. They reveal that the American Supreme Court has never been entirely individualistic in its interpretation and protection of constitutional rights and that there are important similarities in the two Supreme Courts' approaches to constitutional interpretation. Furthermore, the authors demonstrate that an astonishing convergence has occurred in the two courts' thinking concerning the integrity of the democratic process and the need for the judiciary to monitor legislative attempts to regulate the political process in order to promote or ensure political equality. Growing numbers of justices in both courts are now wary of legislative attempts to cloak laws designed to protect incumbents through electoral reform. Judging Democracy thus points to a new direction not only in judicial review and constitutional interpretation but also in democratic theory.
