Legislating Under the Charter

Legislating Under the Charter PDF

Author: Emmett Macfarlane

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781487556105

DOWNLOAD EBOOK →

"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 aid 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."--

Legislating under the Charter

Legislating under the Charter PDF

Author: Emmett Macfarlane

Publisher: University of Toronto Press

Published: 2023-03-30

Total Pages: 320

ISBN-13: 1487558171

DOWNLOAD EBOOK →

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.

Policy Change, Courts, and the Canadian Constitution

Policy Change, Courts, and the Canadian Constitution PDF

Author: Emmett Macfarlane

Publisher: University of Toronto Press

Published: 2018-01-01

Total Pages: 461

ISBN-13: 1487523157

DOWNLOAD EBOOK →

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.

Governing from the Bench

Governing from the Bench PDF

Author: Emmett Macfarlane

Publisher: UBC Press

Published: 2013

Total Pages: 266

ISBN-13: 077482350X

DOWNLOAD EBOOK →

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Legislated Rights

Legislated Rights PDF

Author: Grégoire Webber

Publisher: Cambridge University Press

Published: 2018-03-01

Total Pages: 223

ISBN-13: 1108642500

DOWNLOAD EBOOK →

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

Charter Equality Rights

Charter Equality Rights PDF

Author: Mary C. Hurley

Publisher:

Published: 2005

Total Pages: 0

ISBN-13:

DOWNLOAD EBOOK →

Subsection 15(1) of the Canadian Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. This paper contains a summary review of a number of principles relevant to subsection 15(1) analysis, as determined by the Supreme Court of Canada. It includes a chart setting out the basic elements of the Court's decisions in which the equality rights provision has been raised. Elements include style of cause, nature of challenge, grounds of discrimination, and result.

The Future of Economic and Social Rights

The Future of Economic and Social Rights PDF

Author: Katharine G. Young

Publisher: Cambridge University Press

Published: 2019-04-11

Total Pages: 711

ISBN-13: 1108418139

DOWNLOAD EBOOK →

Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Religious Exemptions

Religious Exemptions PDF

Author: Kevin Vallier

Publisher: Oxford University Press

Published: 2018

Total Pages: 329

ISBN-13: 0190666188

DOWNLOAD EBOOK →

Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

Lanterna Rally - Theme by Grace Themes