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Author: Hugo Cyr
Publisher: Peter Lang
ISBN: 9789052014531
Category : Law
Languages : en
Pages : 310
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Book Description
With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how - because it has no specific provisions dealing with the distribution of treaty powers - the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.
Author: Hugo Cyr
Publisher: Peter Lang
ISBN: 9789052014531
Category : Law
Languages : en
Pages : 310
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Book Description
With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how - because it has no specific provisions dealing with the distribution of treaty powers - the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.
Author: Richard Albert
Publisher: Bloomsbury Publishing
ISBN: 1509908269
Category : Law
Languages : en
Pages : 709
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Book Description
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0191081450
Category : Law
Languages : en
Pages : 368
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Book Description
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
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Publisher:
ISBN:
Category : Dissertations, Academic
Languages : en
Pages : 634
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Book Description
Author: Peter Crawford Oliver
Publisher: Oxford University Press
ISBN: 0190664819
Category : Law
Languages : en
Pages : 1169
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Book Description
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author: Gordon Gibson
Publisher: The Fraser Institute
ISBN: 0889752435
Category : Indians of North America
Languages : en
Pages : 288
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Book Description
The relationship between the individual and the collective has been the major force in human life from time immemorial but the character of that relationship has evolved over time. In one dark corner of this long drama, a special case of the relationship between individual and collective has been playing out in Canada in the lives of Native Indians. In this particular corner, the collective assumes an importance unthinkable in the mainstream. Indian policy, imposed by the mainstream on some Canadians - "Indians" - has built for them a world that is both a fortress and a prison. The effects on the individuals within that system have been profound.
Author: John Borrows
Publisher: University of Toronto Press
ISBN: 9780802085016
Category : Law
Languages : en
Pages : 332
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Book Description
John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0198768796
Category : Law
Languages : en
Pages : 369
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Book Description
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Author: William K. Carroll
Publisher: Athabasca University Press
ISBN: 1771992891
Category : Political Science
Languages : en
Pages : 526
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Book Description
Rapidly rising carbon emissions from the intense development of Western Canada’s fossil fuels continue to aggravate the global climate emergency and destabilize democratic structures. The urgency of the situation demands not only scholarly understanding, but effective action. Regime of Obstruction aims to make visible the complex connections between corporate power and the extraction and use of carbon energy. Edited by William Carroll, this rigorous collection presents research findings from the first three years of the seven-year, SSHRC-funded partnership, the Corporate Mapping Project. Anchored in sociological and political theory, this comprehensive volume provides hard data and empirical research that traces the power and influence of the fossil fuel industry through economics, politics, media, and higher education. Contributors demonstrate how corporations secure popular consent, and coopt, disorganize, or marginalize dissenting perspectives to position the fossil fuel industry as a national public good. They also investigate the difficult position of Indigenous communities who, while suffering the worst environmental and health impacts from carbon extraction, must fight for their land or participate in fossil capitalism to secure income and jobs. The volume concludes with a look at emergent forms of activism and resistance, spurred by the fact that a just energy transition is still feasible. This book provides essential context to the climate crisis and will transform discussions of energy democracy. Contributions by Laurie Adkin, Angele Alook, Clifford Atleo, Emilia Belliveau-Thompson, John Bermingham, Paul Bowles, Gwendolyn Blue, Shannon Daub, Jessica Dempsey, Emily Eaton, Chuka Ejeckam, Simon Enoch, Nick Graham, Shane Gunster, Mark Hudson, Jouke Huizer, Ian Hussey, Emma Jackson, Michael Lang, James Lawson, Marc Lee, Fiona MacPhail, Alicia Massie, Kevin McCartney, Bob Neubauer, Eric Pineault, Lise Margaux Rajewicz, James Rowe, JP Sapinsky, Karena Shaw, and Zoe Yunker.
Author: John T. Saywell
Publisher: University of Toronto Press
ISBN: 9780802086563
Category : History
Languages : en
Pages : 486
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Book Description
Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.
