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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: Michael Gardiner Publisher: A&C Black ISBN: 1780931085 Category : Political Science Languages : en Pages : 169
Book Description
In this extended essay, Michael Gardiner examines the ideology of the discipline of English Literature in the light of the serious redefining work on England and Englishness that has been conductedin Political Studiesin the last decade. He argues that English Literature emerges from the development of the state and that consequently it has suppressed the idea of the nation. His claim is that English Literature has lost its form since its methodology and canonicity depended so heavily on a constitutional form which can no longer be defended. He calls upon those working in English Literature to recognise that they are not really participating in the same discipline, defined by the Burkean constitutional settlement, even if they think of themselves as writing 'within the canon'. His view is that a lack of appreciation of 'hard-edged' political factors have led to a 'continuant' and regressive form of English Literature which tends to hang on to stifling methodologies. In its place, he appeals for the creation of a more open-ended, inclusive, internationalist, and comparative 'literature of England'.
Author: James Fowkes Publisher: Cambridge University Press ISBN: 1316867412 Category : Law Languages : en Pages :
Book Description
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
Author: Marcel Stoetzler Publisher: U of Nebraska Press ISBN: 0803266715 Category : Social Science Languages : en Pages : 493
Book Description
Modern antisemitism and the modern discipline of sociology not only emerged in the same period, butOCoantagonism and hostility between the two discourses notwithstandingOCoalso overlapped and complemented each other. Sociology emerged in a society where modernization was often perceived as destroying unity and OC social cohesion.OCO Antisemitism was likewise a response to the modern age, offering in its vilifications of OC the JewOCO an explanation of societyOCOs deficiencies and crises. a"Antisemitism and the Constitution of Sociology" is a collection of essays providing a comparative analysis of modern antisemitism and the rise of sociology. This volume addresses three key areas: the strong influence of writers of Jewish background and the rising tide of antisemitism on the formation of sociology; the role of antisemitism in the historical development of sociology through its treatment by leading figures in the field, such as Emile Durkheim, Talcott Parsons, and Theodor W. Adorno; and the disciplineOCOs development in the aftermath of the Nazi Holocaust. Together the essays provide a fresh perspective on the history of sociology and the role that antisemitism, Jews, fascism, and the Holocaust played in shaping modern social theory. a"
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: Colton Fehr Publisher: UBC Press ISBN: 0774869798 Category : Law Languages : en Pages : 302
Book Description
In Bedford, the Supreme Court struck down prohibitions against communicating in public for the purpose of sex work, living on its avails, and working from a bawdy house. Its narrow constitutional reasoning nevertheless allowed Parliament to respond by adopting the “end demand” or “Nordic Model” of sex work regulation, an approach widely criticized for failing to ensure sex worker safety. Judging Sex Work takes stock of the Bedford decision, arguing that the constitutional issue was improperly framed. Because the most vulnerable sex workers have no realistic choice but to commit the impugned offences, they already possess a legal defence. The constitutionality of the sex work laws should therefore have been assessed by their application to those who choose sex work, an approach that militates in favour of upholding these laws based on current jurisprudence. While this approach leads to the former restrictions on sex work being constitutional, it also has the salutary effect of forcing litigants to consider a more pressing question: Can sex work be rationalized as a criminal matter at all?
Author: Paul Daly Publisher: UBC Press ISBN: 0774869119 Category : Law Languages : en Pages : 270
Book Description
Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly builds a framework for understanding why several previous reform efforts failed and assesses the proposition that Vavilov might very well succeed in providing a roadmap to a brighter future. This engaging, in-depth study of one of the most important areas of Canadian law shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.
Author: Nadia Verrelli Publisher: UBC Press ISBN: 0774838116 Category : Law Languages : en Pages : 208
Book Description
An RCMP sting caught Nicole Doucet (Ryan) trying to hire a hitman to kill her ex-husband. It was supposed to be an open-and-shut case. It wasn’t. No Legal Way Out details the process, the media coverage, and the legal implications of R v Ryan, all the way to the Supreme Court of Canada. The outcome of the case limited the legal options for women seeking to escape abuse and had a damaging impact on public perceptions of domestic violence. This unabashedly feminist analysis explains why the court, the police, and the media let down all women trapped by intimate partner terrorism.
Author: Thomas G.W. Telfer Publisher: UBC Press ISBN: 0774867310 Category : Law Languages : en Pages : 282
Book Description
The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces changing conceptions of the bankruptcy and insolvency power through four landmark cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, these decisions ultimately produced the bedrock for modern understandings of bankruptcy and insolvency law. Thomas G.W. Telfer and Virginia Torrie draw on archival and legal sources to analyze the decisions from a historical and doctrinal perspective. This astute book demonstrates that the legal changes introduced by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship.
Author: Constance Backhouse Publisher: UBC Press ISBN: 0774868295 Category : Law Languages : en Pages : 300
Book Description
In 1997, complacency about the racial neutrality of a predominantly white judiciary was shattered as the Supreme Court of Canada considered a complaint of judicial racial bias for the first time. The judge in question was Corrine Sparks, the country’s first Black female judge. Reckoning with Racism considers the RDS case. A white Halifax police officer had arrested a Black teenager, placed him in a choke hold, and charged him with assaulting an officer and obstructing arrest. In acquitting the teen, Judge Sparks remarked that police sometimes overreacted when dealing with non-white youth. The acquittal held, but most of the white appeal judges critiqued her comments, based on the tradition that the legal system was non-racist unless proven otherwise. That became a matter of wide debate. This book assesses the case of alleged anti-white judicial bias, the surrounding excitement, the dramatic effects on those involved, and the significance for the Canadian legal system.
Author: Emmett Macfarlane
Author: Emmett Macfarlane
Author: Michael Gardiner
Author: James Fowkes
Author: Marcel Stoetzler
Author: Emmett Macfarlane
Author: Colton Fehr
Author: Paul Daly
Author: Nadia Verrelli
Author: Thomas G.W. Telfer
Author: Constance Backhouse