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.

Governing with the Charter
Governing with the Charter

Author: James B. Kelly

Publisher: UBC Press

Published: 2006-05

Total Pages: 337

ISBN-13: 0774851716

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In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.

Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China
Liu Xiaobo, Charter 08 and the Challenges of Political Reform in China

Author: Jean-Philippe Béja

Publisher: Hong Kong University Press

Published: 2012-06-01

Total Pages: 395

ISBN-13: 9888139061

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In December 2008 some 350 Chinese intellectuals published a manifesto calling for reform of the Chinese constitution and an end to one-party rule. Known as "Charter 08," the manifesto has since been signed by more than 10,000 people. One of its authors, Liu Xiaobo, was awarded the Nobel Peace Prize in 2010 but has remained in prison since 2009 for subversive crimes. This collection of essays—the first of its kind in English—examines the trial of Liu Xiaobo, the significance and impact of Charter 08, and the prospects for reform in China. The essays include contributions from legal and political experts from around the world, an account of Liu's trial by his defence lawyers, and a passionate—and ultimately optimistic—account of resistance, repression and political change by the human rights lawyer Teng Biao.

Constitutional Politics in Canada and the United States
Constitutional Politics in Canada and the United States

Author: Stephen L. Newman

Publisher: State University of New York Press

Published: 2012-02-01

Total Pages: 291

ISBN-13: 0791485846

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The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

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

Charter of the United Nations
Charter of the United Nations

Author: Ian Shapiro

Publisher: Yale University Press

Published: 2014-04-28

Total Pages: 276

ISBN-13: 0300182538

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This volume contains the full text of the United Nations Charter and the Statute of the International Court of Justice, as well as related historical documents. They are accompanied by ten original essays on the Charter and its legacy by distinguished scholars and former high-level UN officials. The commentaries illuminate the early and ongoing roles of the United Nations in responding to international crises, debates about the UN’s architecture and its reform, and its role in global governance, climate change, peacekeeping, and development. A concise and accessible introduction to the UN for students, this collection also offers important new scholarship that will be of interest to experts.

Charter Conflicts
Charter Conflicts

Author: Janet Hiebert

Publisher: McGill-Queen's Press - MQUP

Published: 2002

Total Pages: 310

ISBN-13: 9780773524088

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The first comprehensive examination of how the Charter influences political choices on social policy.

Religious Charter Schools
Religious Charter Schools

Author: Lawrence D. Weinberg

Publisher: IAP

Published: 2007-08-01

Total Pages: 184

ISBN-13: 1607526220

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This book explores the constitutionality of religion-based charter schools. The method of analysis uses hypothetical charter schools to answer legal questions. The answers are grounded in law using the latest precedent. The background material before examining charters sets forth both the legal and policy contexts of religious charters schools. The legal context includes a detailed analysis of the Establishment Clause of the U.S. Constitution focusing on the most recent Supreme Court cases on that topic. The policy analysis examines the normative and structural dimensions of charter schools, which are then compared with voucher programs. The historical, political and educational contexts of charter programs are also examined. The book concludes that charter schools present an opportunity for parents and communities to form charter schools that will accommodate their beliefs; however, the constitution does not allow them to form schools that endorse their beliefs.