Equity & Community

Equity & Community
Author: Institute for Research on Public Policy
Publisher: IRPP
Total Pages: 252
Release: 1993
Genre: Law
ISBN: 9780886451523

This book , The Author addresses the following issues: how and to what effect judicial action has changed since the adoption of the charter, both at the national level and in Quebec; howjudges seek to reconcile particular groups claims with the sense of community integral to a free and democratic society; the implications of these and other developments for interest group advocacy, particular within parliament; and means of strengthening the voice of under represented groups within elected institutions.

Access to Care, Access to Justice

Access to Care, Access to Justice
Author: Kent Roach
Publisher: University of Toronto Press
Total Pages: 657
Release: 2005-01-01
Genre: Health & Fitness
ISBN: 0802094201

Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments.

Law and Legitimacy in the Supreme Court

Law and Legitimacy in the Supreme Court
Author: Richard H. Fallon
Publisher: Harvard University Press
Total Pages: 237
Release: 2018-02-19
Genre: Law
ISBN: 0674975812

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

The Nature of Legislative Intent

The Nature of Legislative Intent
Author: Richard Ekins
Publisher: OUP Oxford
Total Pages: 318
Release: 2012-10-12
Genre: Law
ISBN: 0191645931

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

Judicial Power

Judicial Power
Author: Christine Landfried
Publisher: Cambridge University Press
Total Pages: 411
Release: 2019-02-07
Genre: Law
ISBN: 1316999084

The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Constitutional Law

Constitutional Law
Author: John E. Nowak
Publisher: West Academic Publishing
Total Pages: 1704
Release: 2004
Genre: Law
ISBN:

Authoritative coverage analyzes the constitutional issues that are studied and litigated today. This text presents the origins of judicial review and federal jurisdiction, and the sources of national authority. Discusses federal commerce and fiscal powers. Overviews individual liberties and due process. Also covers freedom of speech and religion. Throughout the book, there are summations of the Supreme Court2s work and evaluations of the judicial process.