The Charter Revolution And The Court Party PDF Download
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Author | : F.L. Morton |
Publisher | : Peterborough, Ont. : Broadview Press |
Total Pages | : 232 |
Release | : 2000-04 |
Genre | : History |
ISBN | : |
Download The Charter Revolution and the Court Party Book in PDF, ePub and Kindle
"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University
Author | : Lorne Sossin |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : |
ISBN | : |
Download Book Review - Courting the Right (The Charter Revolution & the Court Party by F.L. Morton & Rainer Knopff). Book in PDF, ePub and Kindle
The Charter Revolution presents an updated synthesis of the argument that Ted Morton and Rainer Knopff advanced throughout the 1990s, namely that the rise of judicial power in public policymaking following the enactment of the Canadian Charter of Rights and Freedoms has put too much power in the hands of interest groups, especially those on the left, and thereby threatens the democratic fabric of Canada. These interest groups (gay and lesbian rights organizations, feminist groups, poverty activists and civil libertarians, among others) use Charter litigation to further their policy agendas, and because of this, are said to constitute the “Court Party.” This “Party,” according to Morton and Knopff, has succeeded in advancing its policy agenda, because several key actors in the judicial process sympathize with its goals and support its efforts. These actors include most notably, the law clerks of the Supreme Court of Canada, federal bureaucrats in charge of funding activist litigation, and law professors. Together, this alleged cabal has hijacked the Supreme Court and transformed it into a venue for advancing unpopular left causes to exclusion of public participation and public scrutiny. As this brief description suggests, The Charter Revolution is part partisan screed, part scholarly research and part meditation on the relationship between the political and judicial branches of government. However, the partisan screed surfaces time and time again to undermine the authors' timely and challenging account of judicial policy under the Charter. Following the organization of the book, I consider the main thrust of the authors' argument relating to the Court Party, the “jurocracy,” the state connection and the legal intelligentsia. I conclude by examining the position of this book in the literature on judicial power under the Charter in Canada.
Author | : Rainer Knopff |
Publisher | : Scarborough, Ont. : Nelson Canada |
Total Pages | : 468 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Download Charter Politics Book in PDF, ePub and Kindle
Author | : Charles R. Epp |
Publisher | : University of Chicago Press |
Total Pages | : 348 |
Release | : 1998-10-15 |
Genre | : Law |
ISBN | : 9780226211626 |
Download The Rights Revolution Book in PDF, ePub and Kindle
List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author | : W. J. Waluchow |
Publisher | : Cambridge University Press |
Total Pages | : 7 |
Release | : 2006-12-25 |
Genre | : Philosophy |
ISBN | : 1139462814 |
Download A Common Law Theory of Judicial Review Book in PDF, ePub and Kindle
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author | : Alexis de Tocqueville |
Publisher | : |
Total Pages | : 364 |
Release | : 1856 |
Genre | : History |
ISBN | : |
Download The Old Regime and the Revolution Book in PDF, ePub and Kindle
Author | : Robert H. Bork |
Publisher | : A E I Press |
Total Pages | : 161 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9780844741628 |
Download Coercing Virtue Book in PDF, ePub and Kindle
This eye-opening dispatch on the culture war traces the dangerous influence of overreaching courts around the world.
Author | : David R. Boyd |
Publisher | : UBC Press |
Total Pages | : 470 |
Release | : 2011-11-29 |
Genre | : Law |
ISBN | : 0774821639 |
Download The Environmental Rights Revolution Book in PDF, ePub and Kindle
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author | : Gerald N. Rosenberg |
Publisher | : University of Chicago Press |
Total Pages | : 541 |
Release | : 2008-09-15 |
Genre | : Political Science |
ISBN | : 0226726681 |
Download The Hollow Hope Book in PDF, ePub and Kindle
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Author | : Jean-Philippe Béja |
Publisher | : Hong Kong University Press |
Total Pages | : 395 |
Release | : 2012-06-01 |
Genre | : Political Science |
ISBN | : 9888139061 |
Download Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China Book in PDF, ePub and Kindle
In December 2008 some 350 Chinese intellectuals published a manifesto calling for reform of the Chinese constitution and an end to one-party rule. Known as "Charter 08," the manifesto has since been signed by more than 10,000 people. One of its authors, Liu Xiaobo, was awarded the Nobel Peace Prize in 2010 but has remained in prison since 2009 for subversive crimes. This collection of essays—the first of its kind in English—examines the trial of Liu Xiaobo, the significance and impact of Charter 08, and the prospects for reform in China. The essays include contributions from legal and political experts from around the world, an account of Liu's trial by his defence lawyers, and a passionate—and ultimately optimistic—account of resistance, repression and political change by the human rights lawyer Teng Biao.