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Author: J. Peter Meekison Publisher: IRPP ISBN: 9780886450137 Category : Law Languages : en Pages : 104
Book Description
This book is an attempt to answer, to the extent that they can be answered without judicial decisions to clarify some doubtful issues, questions concerning section 92A of the Constitution. Critical questions for the people of Western Canada and the petroleum industry, they include queries concerning the shift in provincial versus federal powers.
Author: Stephen Tierney Publisher: Routledge ISBN: 1317185919 Category : Law Languages : en Pages : 256
Book Description
This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.
Author: Alain-G. Gagnon Publisher: McGill-Queen's Press - MQUP ISBN: 0228002516 Category : Political Science Languages : en Pages : 409
Book Description
The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Author: Xenophōn I. Kontiadēs Publisher: Routledge ISBN: 041552976X Category : Law Languages : en Pages : 490
Book Description
This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Author: Allan Tupper Publisher: University of Alberta ISBN: 9780888642431 Category : History Languages : en Pages : 340
Book Description
Alberta's politics are changing in response to powerful economic, social and political forces. The contributors focus on developments since the election of the Progressive Conservatives in 1971.
Author: Richard Connors Publisher: University of Alberta ISBN: 9780888644589 Category : History Languages : en Pages : 578
Book Description
Forging Alberta’s Constitutional Framework analyzes the principal events and processes that precipitated the emergence and formation of the law and legal culture of Alberta from the foundation of the Hudson’s Bay in 1670 until the eve of the centenary of the Province in 2005. The formation of Alberta’s constitution and legal institutions was by no means a simple process by which English and Canadian law was imposed upon a receptive and passive population. Challenges to authority, latent lawlessness, interaction between indigenous and settler societies, periods (pre- and post-1905) of jurisdictional confusion, and demands for individual, group, and provincial rights and recognitions are as much part of Alberta’s legal history as the heroic and mythic images of an emergent and orderly Canadian west patrolled from the outset by red coated mounted police and peopled by peaceful and law-abiding subjects of the Crown. Papers focus on the development of criminal law in the Canadian west in the nineteenth century; the Natural Resources Transfer Agreement of 1930; the National Energy Program of the 1980s; Federal-Provincial relations; and the role and responsibilities of the offices of Justices of the Peace and of the Lieutenant-Governor; and the legacies of the Lougheed and Klein governments.
Author: Jeremy Webber Publisher: Bloomsbury Publishing ISBN: 1782252614 Category : Law Languages : en Pages : 296
Book Description
The book introduces and describes the principal characteristics of the Canadian constitution, including Canada's institutional structure and the principal drivers of Canadian constitutional development. The constitution is set in its historical context, noting especially the complex interaction of national and regional societies that continues to shape the constitution of Canada. The book argues that aspects of the constitution are best understood in 'agonistic' terms, as the product of a continuing encounter or negotiation, with each of the contending interpretations rooted in significantly different visions of the relationship among peoples and societies in Canada. It suggests how these agonistic relationships have, in complex ways, found expression in distinctive doctrines of Canadian constitutional law and how these doctrines represent approaches to constitutional legality that may be more widely applicable. As such, the book charts the Canadian expression of trans-societal constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes. 'The Constitution of Canada is a masterpiece – an outstanding and original study of the Canadian constitutional experience by one of Canada's leading legal scholars. Webber explains the history, characteristics and resourcefulness of the living constitution in non-technical and illuminating language. He also shows how the constitution is shaped by the engagement and interaction of the diverse people of Canada, who are simultaneously subjects and active citizens of it – a dynamic he calls “agonistic constitutionalism”.' James Tully, Distinguished Professor, University of Victoria 'Jeremy Webber has given us a rich, contextual account of Canada's constitution. Webber moves beyond the confines of constitutional texts and judicial decisions and grounds his account in the circumstances of the country's history. Only such an account can capture the deep diversity that is the hallmark of Canada's constitutional culture.' Peter Russell, Professor Emeritus, University of Toronto
Author: Jennifer Smith Publisher: UBC Press ISBN: 9780774810616 Category : History Languages : en Pages : 210
Book Description
In a world where federal states seem to exist precariously, politicians and academics from around the globe continue to look to Canada as a model of federalism. And yet, our own system of organization and governance also appears strained: Quebec nationalism, First Nations’ claims, the regionalization of party politics, and the uneven and shifting delivery of essential services have all altered the face of federal politics. Federalism explains how Canada came to be a federation (what reasons there were for it, and against it, historically); what the challenges to federalism currently are; and how we might fortify some areas of weakness in the federal system. Jennifer Smith argues that federalism is part of the democratic problem now; however, reformed, it can be part of the solution. Since theorists disagree on the democratic credentials of federalism, it is essential to look at how a real federal system operates. Smith examines the origins of Canadian federalism and its special features, then analyzes it in relation to the benchmarks of the Canadian Democratic Audit project: responsiveness, inclusiveness, and participation. Finding that Canadian federalism falls short on each benchmark, she recommends changes ranging from virtual regionalism to a Council of the Federation that includes Aboriginal representatives. Democracy is about more than the House of Commons or elections. It is also about federalism. This sparkling account of Canadian federalism is a must-read for students and scholars of Canadian politics, politicians and policymakers, and those who care about Canadian democracy.
Author: Emmett Macfarlane
Author: Emmett Macfarlane
Author: J. Peter Meekison
Author: Stephen Tierney
Author: Emmett Macfarlane
Author: Alain-G. Gagnon
Author: Xenophōn I. Kontiadēs
Author: Allan Tupper
Author: Richard Connors
Author: Jeremy Webber
Author: Jennifer Smith