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Constitutional Dialogue
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
The Notwithstanding Clause and the Canadian Charter
Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping ...
Legal Sabotage
A stirring account of the years that the leftist Jewish lawyer Ernst Fraenkel spent in Nazi Germany resisting the regime.
Europe's Second Constitution
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.
Constraining the Court
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
Constitutional Crossroads
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 Man who Remade India
"When P.V. Narasimha Rao became the unlikely prime minister of India in 1991, he inherited a nation adrift. Despite lacking the support of his people, party or parliament, India's Deng Xiaoping reinvented his country. Relying on Rao's private papers and over a hundred interviews, this biography is a must-read for anyone interested in the transformation of India"--
The Cambridge Companion to Aristotle's Politics
One of the most influential works in the history of political theory, Aristotle's Politics is a treatise in practical philosophy, intended to inform legislators and to create the conditions for virtuous and self-sufficient lives for the citizens of a state. In this Companion, distinguished scholars offer new perspectives on the work and its themes. After an opening exploration of the relation between Aristotle's ethics and his politics, the central chapters follow the sequence of the eight books of the Politics, taking up questions such as the role of reason in legitimizing rule, the common good, justice, slavery, private property, citizenship, democracy and deliberation, unity, conflict, law and authority, and education. The closing chapters discuss the interaction between Aristotle's political thought and contemporary democratic theory. The volume will provide a valuable resource for those studying ancient philosophy, classics, and the history of political thought.
Judicializing Everything?
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 Law As a Conversation among Equals
In times of disenchantment with democracy and 'erosion' of the system of checks and balances, the book proposes to reflect upon the main problems of our constitutional democracies, from a particular regulative ideal: that of the conversation among equals.
