Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.
This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate, and the Charter remains the subject of controversy twenty-five years later. Contested Constitutionalism does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples in Canada. Employing a diversity of methodological approaches, contributors explore three themes: governance and institutions, policy making and the courts, and citizenship and identity politics. The influence of the Charter has been profound, they conclude, but has it been beneficial?
This thoughtful volume shifts the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship.
This bookpresents a collection of studies by top scholars on leading cases from twelve different jurisdictions defining the legal status of unborn human life. The cases under study pertain to three distinctive cultural and constitutional systems: Latin American Constitutional Courts and the Inter-American Court of Human Rights, European Constitutional Courts and the European Court on Human Rights, as well as Common Law jurisdictions. With a special conclusion by Professor John Finnis, drawing together the many treads of the individual chapters into a comprehensive whole, this book lays the basis for further comparative study of the legal and moral reasoning underlying judicial decisions which either recognize or deny legal personhood and/or equal dignity to unborn human beings.
Robert P. George McCormick, Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, Princeton University: "Pilar Zambrano and William L. Saunders have done a great service by giving us a thorough compilation of the law of various jurisdictions concerning the status and rights of the unborn. They have brought together an impressive group of scholars and obtained from them work of the highest intellectual caliber."
Prof. Carlos Massini-Correas, University of Mendoza and University of Buenos Aires: "In undertaking the very unusual task of analyzing both the legal and the moral horizon of interpretation underlying leading judicial decisions, this book represents an exceptional shortcut to the bulk of constitutional and philosophical arguments in favor of the enhancement of the value of unborn human life to the status of a right. This mixed perspective of study allows us to avoid the usual fallacy of both sides of the abortion debate, to overlook either its moral or its legal framework."
Описание: This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts’ approaches. The questionnaire methodology allows for an accurate charting of national courts’ application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.
Aboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture.
Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difficult questions of how Aboriginal justice systems can be fair to its constituents while complying with the protections guaranteed all Canadians by the Charter.
Автор: Drin?czi, T?mea Название: Illiberal Constitutionalism in Poland and Hungary ISBN: 1032007362 ISBN-13(EAN): 9781032007366 Издательство: Taylor&Francis Рейтинг: Цена: 6889.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. It will be a valuable resource for academics, researchers and policymakers working in the areas of Constitutional Law and Politics.
Описание: This book shows the rise and morphology of a self-identified `illiberal democracy`, the first 21st century illiberal political regime arising in the European Union.
Описание: This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population.
Автор: Mikuli, Piotr Название: Accountability and the Law ISBN: 036776735X ISBN-13(EAN): 9780367767358 Издательство: Taylor&Francis Рейтинг: Цена: 6889.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Pap, Andras L. Название: Democratic decline in hungary ISBN: 1138052124 ISBN-13(EAN): 9781138052123 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book shows the rise and morphology of a self-identified `illiberal democracy`, the first 21st century illiberal political regime arising in the European Union. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy.
Описание: This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level.
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