Legislating Under The Charter
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Legislating Under The Charter
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Author : Emmett Macfarlane
language : en
Publisher: University of Toronto Press
Release Date : 2023-03-30
Legislating Under The Charter written by Emmett Macfarlane and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-30 with Political Science categories.
Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
Policy Change Courts And The Canadian Constitution
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Author : Emmett Macfarlane
language : en
Publisher: University of Toronto Press
Release Date : 2018-01-01
Policy Change Courts And The Canadian Constitution written by Emmett Macfarlane and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-01 with Law categories.
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
The Least Examined Branch
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Author : Richard W. Bauman
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-31
The Least Examined Branch written by Richard W. Bauman 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 2006-07-31 with Law categories.
Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.
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.
Law Making Under The Trade Constitution A Study In Legislating By The World Trade Organization
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Author : Gail Evans
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-01-01
Law Making Under The Trade Constitution A Study In Legislating By The World Trade Organization written by Gail Evans and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Law categories.
This work lays the foundation for an empirical understanding of the WTO constitution as a response to the logic of intellectual property law. It concludes that the WTO and its institutions must find ways of conforming to the democratic principles of accountability, transparency and representation.
Legislating For The Nation S Capital
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Author : United States. Congress. Senate. Committee on the District of Columbia
language : en
Publisher:
Release Date : 1972
Legislating For The Nation S Capital written by United States. Congress. Senate. Committee on the District of Columbia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Legislation categories.
The Future Of Economic And Social Rights
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Author : Katharine G. Young
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11
The Future Of Economic And Social Rights written by Katharine G. Young 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 2019-04-11 with Law categories.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Legislated Rights
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Author : Grégoire Webber
language : en
Publisher:
Release Date : 2018-03
Legislated Rights written by Grégoire Webber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03 with Law categories.
Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.
Protecting Human Rights
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Author : Tom Campbell
language : en
Publisher: OUP Oxford
Release Date : 2003
Protecting Human Rights written by Tom Campbell and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Conceptual boundaries and functions of human rights
An Introduction To The Study Of The Law Of The Constitution
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Author : A.V. Dicey
language : en
Publisher: Springer
Release Date : 1985-09-30
An Introduction To The Study Of The Law Of The Constitution written by A.V. Dicey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-30 with Social Science categories.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.