Constitutional Remedies in Canada PDF Download
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Author: Kent Roach
Publisher: Canada Law Book
ISBN: 9780888041609
Category : Canada
Languages : en
Pages :
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Book Description
Author: Kent Roach
Publisher: Canada Law Book
ISBN: 9780888041609
Category : Canada
Languages : en
Pages :
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Book Description
Author: Emmett Macfarlane
Publisher: University of Toronto Press
ISBN: 1487523157
Category : Law
Languages : en
Pages : 461
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Book Description
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Author: Peter Oliver
Publisher: Oxford University Press
ISBN: 0190664835
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: Kent Roach
Publisher: Cambridge University Press
ISBN: 1108417876
Category : Law
Languages : en
Pages : 633
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Book Description
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author: Canada
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Author: Po Jen Yap
Publisher: Routledge
ISBN: 9780367660697
Category : Judicial review
Languages : en
Pages : 182
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Book Description
Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.
Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 0774866241
Category : Law
Languages : en
Pages : 228
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Book Description
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Author:
Publisher:
ISBN: 9780433533719
Category :
Languages : en
Pages : 0
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Book Description
Author: Robert Leckey
Publisher: Cambridge University Press
ISBN: 1107038537
Category : Law
Languages : en
Pages : 259
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Book Description
This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Author: Susanne Boucher
Publisher:
ISBN: 9781552210871
Category : Searches and seizures
Languages : en
Pages : 423
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Book Description
This book looks at what constitutes an unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms. Second, it examines what the appropriate legal and evidentiary consequences are when an unreasonable search or seizure occurs.
