Constitutional Pariah
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Constitutional Pariah
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Author : Emmett Macfarlane
language : en
Publisher: UBC Press
Release Date : 2021-04-01
Constitutional Pariah written by Emmett Macfarlane and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-01 with Law categories.
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Pariah
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Author : Tom Nairn
language : en
Publisher: Verso
Release Date : 2002-09-17
Pariah written by Tom Nairn and has been published by Verso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-17 with Political Science categories.
When political victories are based on a fraction of the electoral register, perish looks like the only way towards reform.
Constitutional Crossroads
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Author : Kate Puddister
language : en
Publisher:
Release Date : 2023-01-05
Constitutional Crossroads written by Kate Puddister and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-05 with categories.
Constitutional Crossroads
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Author : Kate Puddister
language : en
Publisher: UBC Press
Release Date : 2022-12-01
Constitutional Crossroads written by Kate Puddister and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-01 with Political Science categories.
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.
Equality And Liberty In The Golden Age Of State Constitutional Law
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Author : Jeffrey M Shaman
language : en
Publisher: Oxford University Press
Release Date : 2008-04-14
Equality And Liberty In The Golden Age Of State Constitutional Law written by Jeffrey M Shaman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-14 with Law categories.
The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
Prince Or Pariah
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Author : Lorenzo Zucca
language : en
Publisher:
Release Date : 2013
Prince Or Pariah written by Lorenzo Zucca and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Freedom of religion categories.
The human right to freedom of religion (HRFR) at the international level is a deeply contested concept and is interpreted in radically different ways in the respective historical constitutional instruments of the US and Europe. It is, for example, embedded in the First Amendment of the American Constitution, but finds no explicit recognition in the French Declaration of Rights. The question that emerges from this simple starting point is: what is the place of freedom of religion in a system of protection of international human rights? Is there a single answer to this question, or is it a deeply contingent matter that depends on discrete constitutional histories? This paper attempts to unravel this deeply contentious issue, which goes to the very core of disagreement about the nature of the human rights to freedom of religion. Lacking agreement as to what constitutes freedom of religion, international intervention should limit itself to the bare minimum in this area. This renders freedom of religion a pariah at the international level.
Governing From The Bench
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Author : Emmett Macfarlane
language : en
Publisher: UBC Press
Release Date : 2013
Governing From The Bench written by Emmett Macfarlane and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
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.
The Collaborative Constitution
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Author : Aileen Kavanagh
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-30
The Collaborative Constitution written by Aileen Kavanagh 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 2023-09-30 with Law categories.
Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Citizen And Pariah
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Author : Vanya Gastrow
language : en
Publisher: NYU Press
Release Date : 2022-03
Citizen And Pariah written by Vanya Gastrow and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03 with Law categories.
Citizen and Pariah explores the fragility of law, pluralism and democracy in South Africa by investigating Somali informal shopkeepers’ experiences of crime, justice and regulation in the country. Through a narrative account of their local experiences, the book sheds light on the legal and political predicaments they face.
The Debates Of The Constitutional Convention Of The State Of Maryland Assembled At The City Of Annapolis Wednesday April 27 1964
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Author : Maryland. Constitutional Convention
language : en
Publisher:
Release Date : 1864
The Debates Of The Constitutional Convention Of The State Of Maryland Assembled At The City Of Annapolis Wednesday April 27 1964 written by Maryland. Constitutional Convention and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1864 with categories.