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 | : 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 | : Janet L. Hiebert |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 280 |
Release | : 2002-04-24 |
Genre | : Political Science |
ISBN | : 0773570373 |
Download Charter Conflicts Book in PDF, ePub and Kindle
Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.
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 | : Robert H. Bork |
Publisher | : Vintage Canada |
Total Pages | : 181 |
Release | : 2010-07-07 |
Genre | : Law |
ISBN | : 030736853X |
Download Coercing Virtue Book in PDF, ePub and Kindle
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
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 | : Geoffrey Sigalet |
Publisher | : Cambridge University Press |
Total Pages | : 487 |
Release | : 2019-05-02 |
Genre | : Law |
ISBN | : 1108417582 |
Download Constitutional Dialogue Book in PDF, ePub and Kindle
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Author | : Michael Mandel |
Publisher | : |
Total Pages | : 392 |
Release | : 1989 |
Genre | : Canada |
ISBN | : |
Download The Charter of Rights and the Legalization of Politics in Canada Book in PDF, ePub and Kindle
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 | : Hugh Ridley |
Publisher | : BRILL |
Total Pages | : 342 |
Release | : 2019-10-01 |
Genre | : History |
ISBN | : 9004414479 |
Download Law in West German Democracy Book in PDF, ePub and Kindle
In their time these important court cases influenced the development of a democratic legal system in a country struggling to overcome Hitler’s legacy. Today they cast a unique light on seventy years of West German social and political history.