British And Canadian Public Law In Comparative Perspective
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British And Canadian Public Law In Comparative Perspective
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Author : Ian Loveland
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-04-22
British And Canadian Public Law In Comparative Perspective written by Ian Loveland and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.
The Unity Of Public Law
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Author : Mark Elliott
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-19
The Unity Of Public Law written by Mark Elliott and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.
This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.
British And Canadian Perspectives On International Law
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Author : Christopher P.M. Waters
language : en
Publisher: BRILL
Release Date : 2006-09-29
British And Canadian Perspectives On International Law written by Christopher P.M. Waters and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-29 with Law categories.
British and Canadian Perspectives on International Law examines the impact of public international law on the United Kingdom’s and Canada’s domestic legal systems. It also analyses the contributions of British and Canadian practice to the development of international norms. Topics addressed include international criminal law, international humanitarian law, human rights and human security, asylum, trade, jurisdiction, ‘reception law’ and media portrayals of international law. Whereas international law scholarship usually takes a global, regional or national approach, this book's chapters are written by leading scholars and practitioners from both countries and provide unique comparative views. While there remains much in common between the two states' understandings of international law, recent developments have shown significant points of departure.
The Executive And Public Law
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Author : Paul P. Craig
language : en
Publisher: Oxford University Press, USA
Release Date : 2006
The Executive And Public Law written by Paul P. Craig and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This book examines executive power in the United Kingdom from a British and from a distinctively Scottish perspective. There are chapters on the four common law jurisdictions of Australia, New Zealand, Canada and the United States and on the four civil law jurisdictions of France, Germany, Italy and Spain, and on the EU.
Researching Public Law In Common Law Systems
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Author : Paul Daly
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-06
Researching Public Law In Common Law Systems written by Paul Daly and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-06 with Law categories.
This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.
Canada In The World
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Author : Richard Albert
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-02
Canada In The World written by Richard Albert and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-02 with Law categories.
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Judiciaries In Comparative Perspective
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Author : H. P. Lee
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-11
Judiciaries In Comparative Perspective written by H. P. Lee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-11 with Law categories.
An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
The Rights Revolution
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Author : Charles R. Epp
language : en
Publisher: University of Chicago Press
Release Date : 2020-05-14
The Rights Revolution written by Charles R. Epp and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
The New Public Management
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Author : Peter Aucoin
language : en
Publisher: McGill-Queen's University Press
Release Date : 1995
The New Public Management written by Peter Aucoin and has been published by McGill-Queen's University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
In the face of the need to make choices between programs that governments consider essential to administer themselves and programs that may be discontinued or transferred to other organizations, a new vision of government functioning has emerged, notably with greater emphasis on performance and results. This book analyzes the impact of an increasingly influential paradigm called new public management on the public services of Canada, Australia, New Zealand, and the United Kingdom. Major challenges common to these countries include powerful bureaucracies, restrictive organizational designs, and rigid rules and procedures blocking change. The book reviews various reform initiatives launched in response to those challenges in the areas of career public service, statecraft, administrative fragmentation and centralization, consolidation and devolution of authority, moving beyond bureaucracy, enhancing performance, and securing accountability. The book concludes with an agenda for public management.
Judicial Cosmopolitanism
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Author : Giuseppe Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2019-09-24
Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Law categories.
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.