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Author: Ian Greene
Publisher: James Lorimer & Company
ISBN: 9781550281859
Category : Law
Languages : en
Pages : 276
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Book Description
First published in 1989, this volume reflects on the Charter of Rights and Freedoms of the 1982 Canadian Constitution, considering its implications for the future development of the nation. The book offers a concise analysis of what the Charter says and what the courts had, to the time of publication, taken it to mean. Beginning with a discussion of the Charter's origins, Greene then dissects the various clauses of the document before turning to Charter decisions already rendered by the Supreme Court. The Charter of Rights is a thoughtful primer of the Charter and its impact on the collective life of Canadians.
Author: Ian Greene
Publisher: James Lorimer & Company
ISBN: 9781550281859
Category : Law
Languages : en
Pages : 276
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Book Description
First published in 1989, this volume reflects on the Charter of Rights and Freedoms of the 1982 Canadian Constitution, considering its implications for the future development of the nation. The book offers a concise analysis of what the Charter says and what the courts had, to the time of publication, taken it to mean. Beginning with a discussion of the Charter's origins, Greene then dissects the various clauses of the document before turning to Charter decisions already rendered by the Supreme Court. The Charter of Rights is a thoughtful primer of the Charter and its impact on the collective life of Canadians.
Author: Anthony Gray
Publisher: Lexington Books
ISBN: 1498554113
Category : Political Science
Languages : en
Pages : 209
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Book Description
This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.
Author: Andrew L.-T. Choo
Publisher: Oxford University Press
ISBN: 0198806841
Category : Law
Languages : en
Pages : 457
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Book Description
Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.
Author: Celia Wells
Publisher: Cambridge University Press
ISBN: 0521737397
Category : Law
Languages : en
Pages : 943
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Book Description
This truly groundbreaking textbook explores traditional and broader fields of criminal law and justice to give a full perspective on the subject.
Author: Mark S. Harding
Publisher: University of Toronto Press
ISBN: 1487528507
Category : Political Science
Languages : en
Pages : 192
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Book Description
Nearly every common law jurisdiction in the world has adopted a charter or bill of rights. Yet adopting a new rights document creates, rather than resolves, many fundamental constitutional questions. Should constitutional rights be relevant in private disputes? Does every political question need a constitutional or judicial answer? Should courts and legislatures equally participate in addressing the scope of which issues are to be considered constitutional? Judicializing Everything? illustrates how debates surrounding these persistent judicial questions are best understood as part of an ongoing clash between distinct forms of constitutionalism on and off the bench. Mark S. Harding canvasses the perennial debates within the field of constitutional studies and provides novel ways of understanding key disagreements between judges and scholars alike. Despite important formal differences between rights documents in Canada, New Zealand, and the United Kingdom, Judicializing Everything? shows that there are also considerable similarities in the kinds of cases, arguments, and legal outcomes in the three countries. As political life becomes increasingly constitutionalized and judicialized, this important book sheds light on the persistence of debates over bills of rights and their interpretation.
Author: Janet Loveless
Publisher: Oxford University Press, USA
ISBN: 0198702299
Category : Law
Languages : en
Pages : 785
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Book Description
Complete Criminal Law: Text, Cases, & Materials offers a student-centered approach to the criminal law syllabus. Clear and concise explanation of general legal principles is combined with fully integrated extracts from the leading cases and a wide range of academic materials. The extracts have been carefully selected to ensure that they are detailed enough to illustrate the point of law under consideration, but succinct enough not to disrupt the flow of the text or to intimidate the student new to the study of criminal law. The book has been carefully structured with the needs of the student firmly in mind. Each chapter begins with basic principles, and gradually covers all the core topics a student needs to know. Unique to this textbook is the extent to which the law is placed firmly in its social context. This will reinforce understanding by relating essential aspects of the law to vital social and moral problems. Throughout the text a range of learning features are employed to consolidate understanding and encourage application: thinking points containing reflective and short answer questions, definition boxes, summary points, diagrams, and problem/essay questions (with guidance on answering all questions on the accompanying Online Resource Centre). Chapter summaries and further reading recommendations provide the perfect springboard for further research. This innovative text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law in society. Online Resource Centre Student resources - 6-monthly updates - Links to relevant websites - Guideline answers to problem questions and thinking points - Exam style questions with guideline answers on hot exam topics Lecturer resources - Test bank of 200 multiple choice questions
Author: Nicola Monaghan
Publisher: Cambridge University Press
ISBN: 1107020336
Category : Law
Languages : en
Pages : 529
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Book Description
A clear and accessible introduction to the law of evidence, enhanced with numerous case and material extracts and visual aids.
Author:
Publisher: CCH Canadian Limited
ISBN: 1553677919
Category :
Languages : en
Pages : 1166
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Book Description
Author: C. G. Van der Merwe
Publisher: Kluwer Law International B.V.
ISBN: 9041122826
Category : Law
Languages : en
Pages : 586
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Book Description
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Author: Ian Greene
Publisher: James Lorimer & Company
ISBN: 1459406621
Category : Political Science
Languages : en
Pages : 610
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Book Description
Canadas Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouvers Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. Public discussion of the Charter is often framed around the question of who should make these important decisions elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded or failed to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
