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Author: Stephen J. (Stephen Joseph) Moreau
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
ISBN: 9780612954366
Category : Constitutional law
Languages : en
Pages : 294
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Book Description
Under the Charter, scholars have obsessed over the idea of reconciling judicial interpretations of the constitution with democracy. Dialogue theory postulates that judicial review is undemocratic but that, because of mechanisms found in the Charter, there is room for the legislature to respond to decisions striking down legislation. Dialogue theory suggests that judicial review is reconcilable with democracy because the word of an undemocratic group of judges is rarely final. In this thesis, the author critically examines dialogue theory and rejects it as a valid democratic defense to judicial review. He demonstrates how the Charter does not produce real dialogue and shows how dialogue theory both fails to provide an adequate definition to indicate what is democratic or dialogic about the legislative response process and incorrectly focuses on the nature of the legislative actors to justify judicial review. The author concludes with his own theory reconciling the Charter with democracy.
![Models of Democratic Dialogue and the Justification for Judicial Review [microform] PDF](https://books.google.com/books/content/images/frontcover/lWGUtgAACAAJ?fife=w80-h100)
Author: Stephen J. (Stephen Joseph) Moreau
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
ISBN: 9780612954366
Category : Constitutional law
Languages : en
Pages : 294
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Book Description
Under the Charter, scholars have obsessed over the idea of reconciling judicial interpretations of the constitution with democracy. Dialogue theory postulates that judicial review is undemocratic but that, because of mechanisms found in the Charter, there is room for the legislature to respond to decisions striking down legislation. Dialogue theory suggests that judicial review is reconcilable with democracy because the word of an undemocratic group of judges is rarely final. In this thesis, the author critically examines dialogue theory and rejects it as a valid democratic defense to judicial review. He demonstrates how the Charter does not produce real dialogue and shows how dialogue theory both fails to provide an adequate definition to indicate what is democratic or dialogic about the legislative response process and incorrectly focuses on the nature of the legislative actors to justify judicial review. The author concludes with his own theory reconciling the Charter with democracy.
Author: Stephen J.. Moreau
Publisher:
ISBN:
Category :
Languages : en
Pages : 147
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Book Description
Author: Marjolein van Roosmalen
Publisher:
ISBN: 9781780681085
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Pieter van Dijk has devoted his working life to the theory and practice of fundamental rights and principles. Therefore, it may not come as a surprise that his liber amicorum is devoted to these values. Many of his friends and colleagues - from, inter alia, the Council of State of the Netherlands, the European Court of Human Rights in Strasbourg, the European Commission for Democracy through Law of the Council of Europe - have contributed to this volume. They have analyzed fundamental rights and principles from various perspectives, including preconditions for safeguarding fundamental rights; the interaction between the Strasbourg, Luxembourg, and national courts; and constitutional review.
Author: Laurent Mayali
Publisher: Robbins Collection
ISBN: 9781882239221
Category : Constitutional law
Languages : en
Pages : 212
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Book Description
This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.
Author: Giorgio Repetto
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681184
Category : Law
Languages : en
Pages : 251
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Book Description
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Author: United States. Department of Health, Education, and Welfare. Secretary's Advisory Committee on Automated Personal Data Systems
Publisher:
ISBN:
Category : Business records
Languages : en
Pages : 396
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Author: Joyce L. Epstein
Publisher: Corwin Press
ISBN: 1483320014
Category : Education
Languages : en
Pages : 508
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Book Description
Strengthen programs of family and community engagement to promote equity and increase student success! When schools, families, and communities collaborate and share responsibility for students′ education, more students succeed in school. Based on 30 years of research and fieldwork, the fourth edition of the bestseller School, Family, and Community Partnerships: Your Handbook for Action, presents tools and guidelines to help develop more effective and more equitable programs of family and community engagement. Written by a team of well-known experts, it provides a theory and framework of six types of involvement for action; up-to-date research on school, family, and community collaboration; and new materials for professional development and on-going technical assistance. Readers also will find: Examples of best practices on the six types of involvement from preschools, and elementary, middle, and high schools Checklists, templates, and evaluations to plan goal-linked partnership programs and assess progress CD-ROM with slides and notes for two presentations: A new awareness session to orient colleagues on the major components of a research-based partnership program, and a full One-Day Team Training Workshop to prepare school teams to develop their partnership programs. As a foundational text, this handbook demonstrates a proven approach to implement and sustain inclusive, goal-linked programs of partnership. It shows how a good partnership program is an essential component of good school organization and school improvement for student success. This book will help every district and all schools strengthen and continually improve their programs of family and community engagement.
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: Jessica Litman
Publisher: Prometheus Books
ISBN: 161592051X
Category : Law
Languages : en
Pages : 216
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Book Description
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Author: UNESCO
Publisher: UNESCO Publishing
ISBN: 9231004662
Category : Political Science
Languages : en
Pages : 210
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Book Description
