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Author: Emmett Macfarlane Publisher: UBC Press ISBN: 0774866241 Category : Law Languages : en Pages : 228
Book Description
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.
Author: Emmett Macfarlane Publisher: UBC Press ISBN: 0774866241 Category : Law Languages : en Pages : 228
Book Description
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.
Author: Kate Puddister Publisher: UBC Press ISBN: 0774867949 Category : Political Science Languages : en Pages : 521
Book Description
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.
Author: Jeffrey M Shaman Publisher: Oxford University Press ISBN: 019971522X Category : Law Languages : en Pages : 296
Book Description
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.
Author: Aileen Kavanagh Publisher: Cambridge University Press ISBN: 110862247X Category : Law Languages : en Pages : 509
Book Description
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.
Author: Alexandra Flynn Publisher: McGill-Queen's Press - MQUP ISBN: 0228022096 Category : Political Science Languages : en Pages : 153
Book Description
Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs. Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions. The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Author: Vanya Gastrow Publisher: NYU Press ISBN: 1776147391 Category : Law Languages : en Pages : 252
Book Description
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.
Author: Emmett Macfarlane Publisher: University of Toronto Press ISBN: 1487558171 Category : Political Science Languages : en Pages : 320
Book Description
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.
Author: Emmett Macfarlane
Author: Emmett Macfarlane
Author: Tom Nairn
Author: Kate Puddister
Author: Kate Puddister
Author: Jeffrey M Shaman
Author: Aileen Kavanagh
Author: Alexandra Flynn
Author: Vanya Gastrow
Author: Emmett Macfarlane
Author: Maryland. Constitutional Convention