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| Author | : Michael Mandel |
| Publisher | : |
| Total Pages | : 392 |
| Release | : 1989 |
| Genre | : Canada |
| ISBN | : |
| Author | : Michael Mandel |
| Publisher | : Thompson Educational Pub |
| Total Pages | : 542 |
| Release | : 1994-01-01 |
| Genre | : History |
| ISBN | : 9781550770506 |
In 1982 Canada put a Charter of Rights and Freedoms in its constitution and dramatically changed the nature of Canadian politics by giving the courts, and especially the Supreme Court, a general superintendence over all aspects of government and by making debates about the constitution a dominant theme of Canadian political life. In this thoroughly revised and updated edition of his original 1989 work, Michael Mandel, Professor at York University's Osgoode Hall Law School, critically examines the history and philosophy of the phenomenon of 'legal politics' and the way it has transformed the politics of language, crime, immigration, labour, business, race and gender. A case-by-case study of the important constitutional decisions of the eighties and nineties is joined by a detailed analysis of such major constitutional events as the Meech Lake Accord and the Charlottetown Accord and referendum.
| Author | : David Schneiderman |
| Publisher | : University of Toronto Press |
| Total Pages | : 384 |
| Release | : 1997 |
| Genre | : History |
| ISBN | : |
Other works have focused on the jurisprudence of the Charter - its internal coherence or its implications for the role of courts. Charting the Consequences considers 'externalities' - the effect of the Charter and its jurisprudence on non-constitutional aspects of the law and on the dynamics of legislative power, provincial politics, and social movements.
| Author | : Timothy Mitchell |
| Publisher | : U of Minnesota Press |
| Total Pages | : 510 |
| Release | : 1994 |
| Genre | : Social Science |
| ISBN | : 9780816631346 |
In his introduction to this collection of essays by constitutional experts, Philip Bryden says that Canadians can be proud of their commitment to the protection of rights and liberties in the Charter. Canada, he believes, is a better place to live then it would be otherwise. Nevertheless, as the essays in this book reveal, the case in favour of the Charter is not simple or one-sided. For instance, Kim Campbell, minister of justice at the time of writing, and Jeffrey Simpson of the Globe and Mail express concern that the Charter promotes a rights discourse that threatens to overwhelm the ordinary politics of recognizing and accommodating different interests. Dean Lynn Smith of the University of British Columbia law faculty observes that the Charter rights are better understood as complementing than as supplanting traditional mechanisms. The authors, diverse in background and outlook, reflect varying points of view but share a significant degree of consensus on issues that need to be addressed.
| Author | : Ian Greene |
| Publisher | : James Lorimer & Company |
| Total Pages | : 276 |
| Release | : 1989-01-01 |
| Genre | : Law |
| ISBN | : 9781550281859 |
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 | : Stephen L. Newman |
| Publisher | : State University of New York Press |
| Total Pages | : 291 |
| Release | : 2012-02-01 |
| Genre | : Political Science |
| ISBN | : 0791485846 |
The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
| Author | : Andrew Petter |
| Publisher | : University of Toronto Press |
| Total Pages | : 273 |
| Release | : 2010-01-10 |
| Genre | : Law |
| ISBN | : 144269887X |
Andrew Petter is a leading constitutional scholar who served from 1991 to 2001 as a British Columbia MLA and cabinet minister, including Attorney General. In The Politics of the Charter, Petter assembles a set of his original essays written over three decades to provide a coherent critique of the political nature, impact, and legitimacy of the Canadian Charter of Rights and Freedoms. Showing how Charter rights have been shaped by the institutional character of the courts and by the ideological demands of liberal legalism, the essays contend that the Charter has diverted progressive political energies and facilitated the rise of neo-conservatism in Canada. Drawing upon his constitutional expertise and political experience, Petter evaluates the Charter in practical, legal, and philosophical terms. These essays, along with a new introduction and conclusion, map out Petter's political philosophy and review the entirety of the Charter record. The Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.
| Author | : Ian Greene |
| Publisher | : James Lorimer & Company |
| Total Pages | : 610 |
| Release | : 2014-11-18 |
| Genre | : Political Science |
| ISBN | : 1459406621 |
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.
| Author | : James B. Kelly |
| Publisher | : UBC Press |
| Total Pages | : 338 |
| Release | : 2011-11-01 |
| Genre | : Law |
| ISBN | : 0774840080 |
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 | : Barry L. Strayer |
| Publisher | : University of Alberta |
| Total Pages | : 360 |
| Release | : 2013-07-02 |
| Genre | : History |
| ISBN | : 0888648030 |
From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.
