The Charter Revolution and the Court Party
The Charter Revolution and the Court Party

Author: F.L. Morton

Publisher: Peterborough, Ont. : Broadview Press

Published: 2000-04

Total Pages: 232

ISBN-13:

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"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

Just Words
Just Words

Author: Joel Bakan

Publisher: University of Toronto Press

Published: 1997-01-01

Total Pages: 241

ISBN-13: 080200461X

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Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.

Contested Constitutionalism
Contested Constitutionalism

Author: James B. Kelly

Publisher: UBC Press

Published: 2010

Total Pages: 650

ISBN-13: 0774816767

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The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.

Canada’s Rights Revolution
Canada’s Rights Revolution

Author: Dominique Clément

Publisher: UBC Press

Published: 2009-01-01

Total Pages: 295

ISBN-13: 0774858435

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In the first major study of postwar social movement organizations in Canada, Dominique Clément provides a history of the human rights movement as seen through the eyes of two generations of activists. Drawing on newly acquired archival sources, extensive interviews, and materials released through access to information applications, Clément explores the history of four organizations that emerged in the sixties and evolved into powerful lobbies for human rights despite bitter internal disputes and intense rivalries. This book offers a unique perspective on infamous human rights controversies and argues that the idea of human rights has historically been highly statist while grassroots activism has been at the heart of the most profound human rights advances.

The Politics of the Charter
The Politics of the Charter

Author: Andrew Petter

Publisher: University of Toronto Press

Published: 2010-01-01

Total Pages: 273

ISBN-13: 0802095992

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Andrew Petter is a leading constitutional scholar who served from 1991 to 2001 as a British Columbia MLA and cabinet minister, including Attorney General. In The Politics of the Charter, Petter assembles a set of his original essays written over three decades to provide a coherent critique of the political nature, impact, and legitimacy of the Canadian Charter of Rights and Freedoms. Showing how Charter rights have been shaped by the institutional character of the courts and by the ideological demands of liberal legalism, the essays contend that the Charter has diverted progressive political energies and facilitated the rise of neo-conservatism in Canada. Drawing upon his constitutional expertise and political experience, Petter evaluates the Charter in practical, legal, and philosophical terms. These essays, along with a new introduction and conclusion, map out Petter's political philosophy and review the entirety of the Charter record. The Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.

Judicial Activism in Comparative Perspective
Judicial Activism in Comparative Perspective

Author: Kenneth M. Holland

Publisher: Springer

Published: 1991-06-18

Total Pages: 230

ISBN-13: 1349117749

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The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.

Queering Representation
Queering Representation

Author: Manon Tremblay

Publisher: UBC Press

Published: 2019-11-15

Total Pages: 373

ISBN-13: 0774861843

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Political representation matters. And representation requires participation: voting, joining political parties, running as candidates, acting as politicians. Yet the election of openly LGBTQ people is a relatively recent phenomenon in the West. Queering Representation explores long-ignored issues relating to LGBTQ voters and politicians in Canada. What are the LGBTQ electorate’s characteristics and voting behaviours, and what empowerment has it achieved through electoral systems? How do straight voters view out LGBTQ politicians, and what part do the media play in framing these perceptions? What pathways to power do LGBTQ politicians follow? Do they represent LGBTQ people and communities in particular, and, if so, how is this role articulated? And finally, how do Canadian party ideologies shape LGBTQ representation? The contributors to Queering Representation address these questions by offering diverse, nuanced readings of political representation, shining a spotlight on relations between electoral processes and LGBTQ communities.

Proportionality in Action
Proportionality in Action

Author: Mordechai Kremnitzer

Publisher: Cambridge University Press

Published: 2020-04-30

Total Pages: 689

ISBN-13: 1108497586

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A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.