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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: James B. Kelly
Publisher: UBC Press
ISBN: 0774840080
Category : Law
Languages : en
Pages : 338
Get Book Here
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: Richard Albert
Publisher: University of Toronto Press
ISBN: 1487519125
Category : Law
Languages : en
Pages : 417
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Book Description
The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
Author: Emmett Macfarlane
Publisher: University of Toronto Press
ISBN: 1442628731
Category : Law
Languages : en
Pages : 348
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Book Description
Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.
Author: Adam M. Dodek
Publisher: University of Toronto Press
ISBN: 1442628480
Category : Law
Languages : en
Pages : 494
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Book Description
The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes. In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause. Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.
Author: Richard Albert
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228014786
Category : Law
Languages : en
Pages : 232
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Book Description
No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.
Author: Howard Kislowicz
Publisher: UBC Press
ISBN: 0774870079
Category : Law
Languages : en
Pages : 442
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Book Description
Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.
Author: Darcy L. MacPherson, et al.
Publisher: Manitoba Law Journal
ISBN:
Category : Law
Languages : en
Pages : 349
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Book Description
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This is a special issue on Chief Justice Samuel Freedman with contributing authors including: Darcy L. MacPherson, Bryan P. Schwartz, and Robert G. Clarke.
Author: Kate Puddister
Publisher: UBC Press
ISBN: 0774867949
Category : Political Science
Languages : en
Pages : 521
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Book Description
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
Author: William Kaplan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773564276
Category : Law
Languages : en
Pages : 518
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Book Description
Written by distinguished scholars from Canada and abroad, the essays cover topics in four different fields that reflect some of Cohen's principal academic interests and concerns: international law, public law, legal history, and legal education. From discussion of the development of United Nations law in the recent Gulf Conflict, the International Court of Justice, and the Cohen Committee on Hate Propaganda, to habeas corpus and legal education, the essays break new ground and demonstrably add, as Maxwell Cohen has done, to knowledge in their respective fields. The collection contains a preface by former Chief Justice Brian Dickson and essays by Anne Bayefsky, William Black, Irwin Cotler, Dale Gibson, Annemieke Holthuis, Julius Grey, William Kaplan, Louis Knafla, David McDonald, Roderick Macdonald, J.P.S. McLaren, Donald McRae, Edward McWhinney, Donat Pharand, Shabtai Rosenne, Oscar Schachter, Robert Sharpe, and William Stevenson. Maxwell Cohen was a former Dean of Law at McGill University. He is currently Scholar-in-Residence at the University of Ottawa.
Author: Dimitry Anastakis
Publisher: University of Toronto Press
ISBN: 1442691395
Category : History
Languages : en
Pages : 321
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Book Description
Framing Canadian Federalism assembles an impressive range of scholars to consider many important issues that relate to federalism and the history of Canada's legal, political, and social evolution. Covering themes that include the Supreme Court of Canada, changing policies towards human rights, First Nations, as well as the legendary battles between Mitchell Hepburn and W.L. Mackenzie King, this collection illustrates the central role that federalism continues to play in the Canadian polity. Editors Dimitry Anastakis and P.E. Bryden and the volume's contributors, demonstrate the pervasive effects that federalism has on Canadian politics, economics, culture, and history, and provide a detailed framework in which to understand contemporary federalism. Written in honour of John T. Saywell's half-century of accomplished and influential scholarly work and teaching, Framing Canadian Federalism is a timely and fitting tribute to one of the discipline's foremost thinkers.
