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Waiting for Coraf

Waiting for Coraf
Author: Allan C. Hutchinson
Publisher:
Total Pages: 296
Release: 1995
Genre: Law
ISBN:

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"The enactment of the Charter of Rights and Freedoms in 1982 was celebrated as the harbinger of a new dawn in Canadian democratic politics. In this book, Allan Hutchinson contends that it was and continues to be a serious mistake. In his central argument he shows that, far from enhancing civic life, the Charter has attenuated both its practice and potential. He extends his argument to rights litigation in general, showing how 'rights-talk' actually betrays the cause of democracy." "Although primarily focusing on Canadian cases and writings, Hutchinson raises concerns that stretch well beyond Canada's boundaries. He condemns the assumptions and institutions associated with liberalism generally and shows how even critics of constitutional decision-making remain within flawed liberal premises. The book's coup de grace lies in its analysis of some leading decisions of the Supreme Court of Canada, revealing the extent to which the Court has tendentiously interpreted many supposedly fundamental rights and freedoms. Thus exposing the constitutional enactment of rights as an elaborate legal mechanism that lulls citizens into political quietism, Hutchinson champions a style of politics that engages the virtues of democratic dialogue over the vices of rights-talk." "With this work Hutchinson has created a powerfully deconstructive expose of the unfulfilled promise of the Charter, offering constructive suggestions for a change of democratic focus. This is a persuasive and vital critique, whose influence will reach beyond law schools into the heart of contemporary political debate."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved


Citizenship in Transformation in Canada

Citizenship in Transformation in Canada
Author: Yvonne M. Hébert
Publisher: University of Toronto Press
Total Pages: 300
Release: 2002-01-01
Genre: Education
ISBN: 9780802078353

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Contributors argue persuasively that since conceptions of democratic citizenship are changing, so too should operational definitions of citizenship education.


Governing with the Charter

Governing with the Charter
Author: James B. Kelly
Publisher: UBC Press
Total Pages: 338
Release: 2011-11-01
Genre: Law
ISBN: 0774840080

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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.


Exploring Disability Identity and Disability Rights through Narratives

Exploring Disability Identity and Disability Rights through Narratives
Author: Ravi Malhotra
Publisher: Routledge
Total Pages: 264
Release: 2013-10-30
Genre: Law
ISBN: 1136015442

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Building on David M. Engel and Frank W. Munger’s work analyzing the narratives of people with physical and learning disabilities, this book examines the life stories of twelve physically disabled Canadian adults through the prism of the social model of disablement. Using a grounded theory approach and with extensive reporting of the thoughts of the participants in their own words, the book uses narratives to explore whether an advocacy identity helps or hinders dealings with systemic barriers for disabled people in education, employment, and transportation. The book underscores how both physical and attitudinal barriers by educators, employers and service providers complicate the lives of disabled people. The book places a particular focus on the importance of political economy and the changes to the labour market for understanding the marginalization and oppression of people with disabilities. By melding socio-legal approaches with insights from feminist, critical race, and queer legal theory, Ravi Malhotra and Morgan Rowe ask if we need to reconsider the social model of disablement, and proposes avenues for inclusive legal reform.


Governing from the Bench

Governing from the Bench
Author: Emmett Macfarlane
Publisher: UBC Press
Total Pages: 266
Release: 2013
Genre: History
ISBN: 077482350X

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In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.


Constitutionalizing Criminal Law

Constitutionalizing Criminal Law
Author: Colton Fehr
Publisher: UBC Press
Total Pages: 267
Release: 2022-04-01
Genre: Law
ISBN: 0774867698

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Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.


Bills of Rights

Bills of Rights
Author: Mark Tushnet
Publisher: Routledge
Total Pages: 720
Release: 2017-07-05
Genre: Political Science
ISBN: 1351573780

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This collection examines the justifications for using bills of rights to protect fundamental human rights and the mechanisms for enforcing provisions in those documents. Articles deal with different forms of judicial enforcement and with legislative enforcement, of rights protected by such documents. The collection includes a road-map for evaluating the effectiveness of these alternative enforcement mechanisms.


Indigenous Difference and the Constitution of Canada

Indigenous Difference and the Constitution of Canada
Author: Patrick Macklem
Publisher: University of Toronto Press
Total Pages: 336
Release: 2001-12-15
Genre: Law
ISBN: 1442658800

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There is a unique constitutional relationship between Aboriginal people and the Canadian state – a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.


Policing the Risk Society

Policing the Risk Society
Author: Richard Victor Ericson
Publisher: Clarendon Studies in Criminolo
Total Pages: 506
Release: 1997
Genre: Psychology
ISBN: 0198265778

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The focus of this book is the policing of modern society and the risks involved. It explores various issues and factors effecting policing communities, particularly communication and police organization.


The Constitutional Protection of Freedom of Expression

The Constitutional Protection of Freedom of Expression
Author: Richard Moon
Publisher: University of Toronto Press
Total Pages: 330
Release: 2000-01-01
Genre: Law
ISBN: 9780802078360

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Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.