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Constitutional Politics
Introduction Duncan Cameron Part I: The Québec Agenda 1. The Asymmetrical Alternative Duncan Cameron 2. Québec's Historical Agenda François Rocher 3. The Distinct Society Cla
Cruelty and Deception
The essays in this book deal with the appropriateness of "dirty hands" in politics, the widely held view that politics is a dirty business and those who engage in it can’t help but get their hands dirty—Oliver North's self-defense in the aftermath of the Iran-Contra affair is a good example. The book explores the meaning of the term and its implications; whether dirty hands is useful as a description of the way public figures actually behave in crisis and whether it is acceptable as a model for guiding ethical and efficacious conduct. Contributing authors present differing appreciations both of the extent to which there are dirty hands in political decision-making and actions, and of the...
The Courts
Ian Greene offers an insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. He also examines judicial activism in the wider context of public participation in courts administration and judicial selection and of how responsive the courts are to the expectations of Canadian citizens. The Courts moves its examination of the judicial system beyond the well-trodden topics of judicial appointment, discipline, independence, and review to consider the ways in which courts affect daily life in terms of democratic principles. Although courts are often viewed as elitist and unaccountable, they are more valuable aspect of democratic practice than most citizens realize.
The Phenomenology of Modern Legal Discourse
Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.
Ethics and the Orator
Prologue: Quintilian and John of Salisbury in the Ciceronian tradition -- Rhetoric, emotional manipulation, and morality: the contemporary relevance of Cicero vis-a-vis Aristotle -- Political morality, conventional morality, and decorum in Cicero -- Rhetoric as a balancing of ends: Cicero and Machiavelli -- Justus Lipsius, morally acceptable deceit, and prudence in the Ciceronian tradition -- The classical orator as political representative: Cicero and the modern concept of representation -- Deliberative democracy and rhetoric: Cicero, oratory, and conversation
The Principle of Equality in Diverse States
This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Canada's Century
Governance, Quebec's place in Canada, French-English relations, multiculturalism, the party system, electoral processes, the regulatory function, and aspects of culture and social science are among the subjects addressed. Contributors include Gérard Bergeron, Edwin R. Black, Alan Cairns, R.K. Carty, Léon Dion, O.P. Dwivedi, Iain Gow, C.E.S. Franks, William P. Irvine, Jane Jenson, Jean Laponce, Vincent Lemieux, Peter Leslie, Liora Salter, Richard Schultz, Richard Simeon, H.G. Thorburn, and V. Seymour Wilson. Together the essays provide a comprehensive survey of modern Canadian political thought. Canada's Century will be a valuable reference book for scholars and students of Canadian politics.
The Practice of Language Rights in Canada
On what grounds should language rights be accorded in Canada, and to whom? This is the central question that is addressed in C. Michael MacMillan's book The Practice of Language Rights in Canada. The issue of language rights in Canada is one that is highly debated and discussed, partly because the basic underlying principles have been a neglected dimension in the debate. MacMillan examines the normative basis of language rights in Canadian public policy and public opinion. He argues that language rights policy should be founded upon the theoretical literature of human rights. Drawing on the philosophy behind human rights, the arguments for recognizing a right to language are considered, as w...
Limiting Rights
Through an extended analysis of Supreme Court decisions involving limits on protected rights, Hiebert explores the issues surrounding judicial review. She explores how difficult it is for judges to determine the reasonableness of legislative initiatives and examines the considerable influence exerted by Canadian politicians in decisions about which legislative activities will be considered justifiable limits on protected rights. Politicians have, in other words, helped define the very constraints that the Charter was intended to impose on them. Limiting Rights sheds light on one of the most contentious issues in a political system with entrenched rights.
Final Appeal
Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.
