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.

Governing with the Charter
Governing with the Charter

Author: James B. Kelly

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 338

ISBN-13: 0774840080

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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.

Governing from the Bench
Governing from the Bench

Author: Emmett Macfarlane

Publisher: UBC Press

Published: 2013

Total Pages: 266

ISBN-13: 077482350X

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In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Charter School Board University
Charter School Board University

Author: Brian L. Carpenter

Publisher:

Published: 2008-02-01

Total Pages: 112

ISBN-13: 9780978857318

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Charter School Board University was written so that charter school board leaders can increase their capacity for good governance.

Charter of the United Nations and Statute of the International Court of Justice
Charter of the United Nations and Statute of the International Court of Justice

Author: United Nations

Publisher: UN

Published: 2015-08-30

Total Pages: 112

ISBN-13: 9789210016513

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The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

Unions in Court
Unions in Court

Author: Larry Savage

Publisher: UBC Press

Published: 2017-06-09

Total Pages: 323

ISBN-13: 0774835419

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Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.

Patriation and Its Consequences
Patriation and Its Consequences

Author: Lois Harder

Publisher: UBC Press

Published: 2015-06-17

Total Pages: 357

ISBN-13: 0774828641

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Few moments in Canadian history are as intriguing as the political battle between Prime Minister Pierre Trudeau and the “Gang of Eight” provincial premiers who opposed his plans to “patriate” Canada’s constitution from Britain. This volume revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Offering fresh perspectives on the politics of this key moment in Canadian history, it focuses on the players behind the patriation process, including First Nations and feminist activists, who helped shape Canada’s new constitution. Patriation and Its Consequences also explores the long shadow of patriation, including the alienation of Quebec, the character of Canadian federalism, Indigenous constitutionalism and Aboriginal treaty rights, and the struggle to ensure gender equality rights in Canada.

Admission to the United Nations
Admission to the United Nations

Author: Thomas D. Grant

Publisher: BRILL

Published: 2009-04-07

Total Pages: 364

ISBN-13: 9047427092

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The United Nations began as an alliance during World War II. Eventually, however, the UN came to approximate a universal organization - i.e., open to and aspiring to include all States. This presents a legal question, for Article 4 of the Charter contains substantive criteria to limit admission of States to the UN and no formal amendment has touched that part of the Charter. This book gives an up-to-date account of admission to the UN, from the 1950s ‘logjam’ through on-going controversies like Kosovo and Taiwan. With reference to Charter law, the book considers how Article 4 came to accommodate universality and what the future of a universal organization in a world of politically diverse States might be.

Canada in the World
Canada in the World

Author: Richard Albert

Publisher: Cambridge University Press

Published: 2018

Total Pages: 483

ISBN-13: 1108419739

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Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.