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the full text of the United Nations Charter and the Statute of the International Court of Justice, as well as related historical documents.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.
Since the Charter of Rights and Freedoms was introduced in 1982, Canada has experienced countless debates on constitutional politics and about the future of Canada. There has, however, been no systematic attempt to identify general theories about Canada’s constitutional evolution. Patrick James corrects this oversight by using systemism to identify and assess five theories within the liberal and communitarian paradigms and within the context of major issues such as the role of the courts and the status of Aboriginal peoples. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past - and the future - of the Canadian federation.
"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
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.
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.
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.
In the wake of the tragedy and destruction that came with Hurricane Katrina in 2005, public schools in New Orleans became part of an almost unthinkable experiment—eliminating the traditional public education system and completely replacing it with charter schools and school choice. Fifteen years later, the results have been remarkable, and the complex lessons learned should alter the way we think about American education. New Orleans became the first US city ever to adopt a school system based on the principles of markets and economics. When the state took over all of the city’s public schools, it turned them over to non-profit charter school managers accountable under performance-based contracts. Students were no longer obligated to attend a specific school based upon their address, allowing families to act like consumers and choose schools in any neighborhood. The teacher union contract, tenure, and certification rules were eliminated, giving schools autonomy and control to hire and fire as they pleased. In Charter School City, Douglas N. Harris provides an inside look at how and why these reform decisions were made and offers many surprising findings from one of the most extensive and rigorous evaluations of a district school reform ever conducted. Through close examination of the results, Harris finds that this unprecedented experiment was a noteworthy success on almost every measurable student outcome. But, as Harris shows, New Orleans was uniquely situated for these reforms to work well and that this market-based reform still required some specific and active roles for government. Letting free markets rule on their own without government involvement will not generate the kinds of changes their advocates suggest. Combining the evidence from New Orleans with that from other cities, Harris draws out the broader lessons of this unprecedented reform effort. At a time when charter school debates are more based on ideology than data, this book is a powerful, evidence-based, and in-depth look at how we can rethink the roles for governments, markets, and nonprofit organizations in education to ensure that America’s schools fulfill their potential for all students.
