Janet Hiebert – författare
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3 produkter
3 produkter
728 kr
Skickas inom 5-8 vardagar
Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms.Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage.The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
312 kr
Skickas inom 5-8 vardagar
Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms.Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage.The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
771 kr
Kommande
Canada’s Constitution cannot be understood without a thorough foundation in the judicial interpretation of its provisions and principles. This collection of leading decisions by the relevant high courts – the Judicial Committee of the Privy Council until 1949 and the Supreme Court of Canada thereafter – provides that grounding.The third edition of this seminal text is updated to include the most salient, enduring, and influential high court decisions to date. It introduces students to trends and nuances in jurisprudence affecting the major dimensions of the Canadian Constitution, including the federal division of powers, the Canadian Charter of Rights and Freedoms, Indigenous rights, and constitutional change. Each of the 58 decisions in this collection features an introductory essay and discussion questions . The book contains a comprehensive essay on the institutional and historical determinants of judicial interpretation of the Constitution and a bibliography for further reading. Readers will acquire an appreciation of both the legal and political influences on judicial interpretation, the complexity of our constitutional structures, and the influences of the personalities and predilections of Canada’s senior jurists.Proceeding from the conviction that history and institutions matter, this collection will give readers a sophisticated understanding of the Constitution, the work of Canada’s courts, and the development of the Canadian liberal democratic regime.