Mark S. Harding – författare
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3 produkter
3 produkter
Judicializing Everything?
The Clash of Constitutionalisms in Canada, New Zealand, and the United Kingdom
Inbunden, Engelska, 2022
311 kr
Skickas inom 5-8 vardagar
Nearly every common law jurisdiction in the world has adopted a charter or bill of rights. Yet adopting a new rights document creates, rather than resolves, many fundamental constitutional questions. Should constitutional rights be relevant in private disputes? Does every political question need a constitutional or judicial answer? Should courts and legislatures equally participate in addressing the scope of which issues are to be considered constitutional?Judicializing Everything? illustrates how debates surrounding these persistent judicial questions are best understood as part of an ongoing clash between distinct forms of constitutionalism on and off the bench. Mark S. Harding canvasses the perennial debates within the field of constitutional studies and provides novel ways of understanding key disagreements between judges and scholars alike. Despite important formal differences between rights documents in Canada, New Zealand, and the United Kingdom, Judicializing Everything? shows that there are also considerable similarities in the kinds of cases, arguments, and legal outcomes in the three countries. As political life becomes increasingly constitutionalized and judicialized, this important book sheds light on the persistence of debates over bills of rights and their interpretation.
766 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.
686 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.