Constitutional Remedies in Canada
Author | : Kent Roach |
Publisher | : Canada Law Book |
Total Pages | : |
Release | : 1994 |
Genre | : Canada |
ISBN | : 9780888041609 |
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Author | : Kent Roach |
Publisher | : Canada Law Book |
Total Pages | : |
Release | : 1994 |
Genre | : Canada |
ISBN | : 9780888041609 |
Author | : Kent Roach |
Publisher | : Cambridge University Press |
Total Pages | : 633 |
Release | : 2021-04-08 |
Genre | : Law |
ISBN | : 1108417876 |
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author | : Emmett Macfarlane |
Publisher | : University of Toronto Press |
Total Pages | : 461 |
Release | : 2018-01-01 |
Genre | : Law |
ISBN | : 1487523157 |
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Author | : Peter Crawford Oliver |
Publisher | : Oxford University Press |
Total Pages | : 1169 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0190664819 |
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author | : Po Jen Yap |
Publisher | : Routledge |
Total Pages | : 182 |
Release | : 2020-09-30 |
Genre | : Judicial review |
ISBN | : 9780367660697 |
Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.
Author | : Robert Leckey |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2015-05-07 |
Genre | : Law |
ISBN | : 1107038537 |
This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.
Author | : Guy Régimbald |
Publisher | : |
Total Pages | : 953 |
Release | : 2017 |
Genre | : Constitutional law |
ISBN | : 9780433493839 |
Author | : Emmett Macfarlane |
Publisher | : UBC Press |
Total Pages | : 228 |
Release | : 2021-04-01 |
Genre | : Law |
ISBN | : 0774866241 |
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Author | : Fred D. Cass |
Publisher | : Canada Law Book |
Total Pages | : 351 |
Release | : 2006-01-01 |
Genre | : Covenants not to sue |
ISBN | : 9780888044372 |