The Charter of Rights and the Legalization of Politics in Canada
Author: Michael Mandel
Publisher:
Published: 1989
Total Pages: 388
ISBN-13:
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The Charter of Rights & the Legalization of Politics in Canada
Author: Michael Mandel
Publisher: Thompson Educational Pub
Published: 1994-01-01
Total Pages: 542
ISBN-13: 9781550770506
DOWNLOAD EBOOKIn 1982 Canada put a Charter of Rights and Freedoms in its constitution and dramatically changed the nature of Canadian politics by giving the courts, and especially the Supreme Court, a general superintendence over all aspects of government and by making debates about the constitution a dominant theme of Canadian political life. In this thoroughly revised and updated edition of his original 1989 work, Michael Mandel, Professor at York University's Osgoode Hall Law School, critically examines the history and philosophy of the phenomenon of 'legal politics' and the way it has transformed the politics of language, crime, immigration, labour, business, race and gender. A case-by-case study of the important constitutional decisions of the eighties and nineties is joined by a detailed analysis of such major constitutional events as the Meech Lake Accord and the Charlottetown Accord and referendum.
The Politics of the Charter
Author: Andrew Petter
Publisher: University of Toronto Press
Published: 2010-01-01
Total Pages: 273
ISBN-13: 0802095992
DOWNLOAD EBOOKAndrew 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.
Myth of the Sacred
Author: Donald E. Abelson
Publisher: McGill-Queen's Press - MQUP
Published: 2002
Total Pages: 272
ISBN-13: 0773524347
DOWNLOAD EBOOKA critical look at the interaction of constitutional litigation and politics in Canada following the entrenchment of the Canadian Charter of Rights and Freedoms in 1982.
Charting the Consequences
Author: David Schneiderman
Publisher: University of Toronto Press
Published: 1997
Total Pages: 384
ISBN-13:
DOWNLOAD EBOOKOther works have focused on the jurisprudence of the Charter - its internal coherence or its implications for the role of courts. Charting the Consequences considers 'externalities' - the effect of the Charter and its jurisprudence on non-constitutional aspects of the law and on the dynamics of legislative power, provincial politics, and social movements.
The Charter of Rights
Author: Ian Greene
Publisher: James Lorimer & Company
Published: 1989-01-01
Total Pages: 276
ISBN-13: 9781550281859
DOWNLOAD EBOOKFirst published in 1989, this volume reflects on the Charter of Rights and Freedoms of the 1982 Canadian Constitution, considering its implications for the future development of the nation. The book offers a concise analysis of what the Charter says and what the courts had, to the time of publication, taken it to mean. Beginning with a discussion of the Charter's origins, Greene then dissects the various clauses of the document before turning to Charter decisions already rendered by the Supreme Court. The Charter of Rights is a thoughtful primer of the Charter and its impact on the collective life of Canadians.
Rights and Realities
Author: Jonathan L. Black-Branch
Publisher: Routledge
Published: 2018-08-13
Total Pages: 234
ISBN-13: 0429826273
DOWNLOAD EBOOKFirst published in 1997, this volume examines the enactment of the Canadian Charter of Rights and Freedoms precipitated change within educational institutions, affecting all levels of governance, administration and day-to-day teaching. This book illustrates the ways in which such change has transpired by first presenting the significance of the Charter, and subsequently focusing on case law. The book concludes with an analysis of the politicization of the judiciary within the education sector. In essence, the primary objective of this book is to clarify the effects and implications of the Charter on and for educational practice in Canada. The secondary objective is to put the impact of the Charter into a more general political framework.
The Charter of Rights and Freedoms
Author: Ian Greene
Publisher: James Lorimer & Company
Published: 2014-11-18
Total Pages: 610
ISBN-13: 1459406621
DOWNLOAD EBOOKCanadas Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouvers Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. Public discussion of the Charter is often framed around the question of who should make these important decisions elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded or failed to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
Constitutional Politics in Canada and the United States
Author: Stephen L. Newman
Publisher: SUNY Press
Published: 2004-01-01
Total Pages: 296
ISBN-13: 9780791459379
DOWNLOAD EBOOKThe 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.
Charter Politics
Author: Rainer Knopff
Publisher: Scarborough, Ont. : Nelson Canada
Published: 1992
Total Pages: 468
ISBN-13:
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