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Author: Canada. Department of Justice
Publisher: Department of Justice
ISBN:
Category : Canada
Languages : en
Pages : 128
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Book Description
Author: Canada. Department of Justice
Publisher: Department of Justice
ISBN:
Category : Canada
Languages : en
Pages : 128
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Book Description
Author: Anne Twomey
Publisher: Cambridge University Press
ISBN: 1107056780
Category : Law
Languages : en
Pages : 913
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Book Description
The extension to other Realms of the reserve power to refuse a dissolution
Author: Tom Allen
Publisher: Cambridge University Press
ISBN: 9780521583770
Category : Law
Languages : en
Pages : 302
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Book Description
Practical, theoretical and historical approach to constitutional rights to property in Commonwealth countries.
Author: Jeremy Webber
Publisher: Bloomsbury Publishing
ISBN: 1509947191
Category : Law
Languages : en
Pages : 304
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Book Description
The first edition of this text quickly established itself as the classic introduction to the Canadian constitution. Setting it in its historical context, noting especially the complex interaction of national and regional societies, it shows how the constitution continues to morph and shape itself. These changes are explored through key constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes. Clarity of expression and explanation, which never veers into simplicity, combined with the author's expertise, makes this the ideal starting point for the student or comparative lawyer keen to gain a strong understanding of how Canadian democracy and government works.
Author: David Haljan
Publisher: Bloomsbury Publishing
ISBN: 1782253300
Category : Law
Languages : en
Pages : 450
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Book Description
Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.
Author: G.P. Browne
Publisher: University of Toronto Press
ISBN: 1442651016
Category : Law
Languages : en
Pages : 419
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Book Description
This comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee’s interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O’Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O’Connor’s criticism is as ill founded as the alternative interpretive scheme he proposed, and that the “three-compartment” view represents the most convincing construction of sections 91 and 92 of the Act. He considers debatable the “organic statute” argument widely accepted in the United States and becoming more and more popular in Canada; and supports the premium which English courts have traditionally placed on certainty and stability in the law. Professor Browne concludes that the almost universal criticism in Canada of the Judicial Committee’s construction of the BNA Act is basically misconceived: Canadian jurists should think carefully before following trends set by American courts, for American purposes, in the context of American law, particularly when the repercussions of those trends are not as yet fully appreciated. This discussion will be of special interest for legal, political, and historical studies in this country, the United States, and other Commonwealth countries, especially those which have federal systems and consequently share the same basic problems of the judiciary in such a system.
Author: George Blain Baker
Publisher: University of Toronto Press
ISBN: 1442657804
Category : Law
Languages : en
Pages : 620
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Book Description
This volume in the Osgoode Society's distinguished series on the history of Canadian law is a tribute to Professor R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority. The fifteen original essays are by notable scholars, some of whom were students of Professor Risk, and represent some of the best and most original work in the area of Canadian legal history. They cover a number of important topics that range from the form of the criminal trial in the eighteenth century, to debates over the meaning of property in the nineteenth, and to lawyer/poet Tom MacInnes's views on the law of aboriginal title in the twentieth century.
Author: Mauro Cappelletti
Publisher: Walter de Gruyter
ISBN: 3110921545
Category : Law
Languages : en
Pages : 708
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Book Description
Author: Chris Armstrong
Publisher: University of Toronto Press
ISBN: 1442633050
Category : History
Languages : en
Pages : 506
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Book Description
The British North America Act of 1867 fashioned a Canadian federation which was intended to be a highly centralized union led by a powerful national government. Soon after Confederation, however, the government of Ontario took the lead in demanding a greater share of the power for the provinces, and it has continued to press this case. Professor Armstrong analyses the forces which promoted decentralization and the responses which these elicited from the federal government. He explains Ontario's reasons for pursuing this particular policy from 1867 to the Second World War. The author's sources are the private papers of federal and provincial premiers and other contemporary political figures, government publications, parliamentary debates, and newspapers. He has identified and developed three separate but related themes: the dynamic role played by private business interests in generating intergovernmental conflicts; Ontario's policy of promoting its economic growth by encouraging the processing of its resources at home; and the tremendous influence exerted by increasing urbanization and industrialization on the growth of the responsibilities of the provinces. During the 1930s, efforts to restructure the federal system were rejected by Ontario because it preferred to maintain the status quo,and was unsympathetic to greater equalization between the regions. Consequently, Ontario took a leading part in opposing the redivision of powers recommended by the Royal Commission on Dominion-Provincial Relations in 1940. This book provides part of the historical context into which current debates on the question of federalism may be fitted. It thus will be of importance and interest to historians, students of Canadian history, and the general reader alike. (Ontario Historical Studies Series: Themes)
Author: International Association of Centers for Federal Studies
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773529160
Category : Political Science
Languages : en
Pages : 479
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Book Description
Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux
