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Parliamentary Bills of Rights
How do bills of rights influence legislative decision-making in New Zealand and the United Kingdom?
Limiting Rights
Limiting Rights is an in-depth exploration of who is, and who should be, responsible for determining whether legislation that conflicts with the entrenched rights of the Charter of Rights and Freedoms should nevertheless be upheld as a reasonable limit on protected rights. Janet Hiebert addresses a topic that threatens to undermine claims that what courts do can be distinguished from the discretionary decisions of policy makers and raises concerns about whether judicial review of the Charter is consistent with democratic principles.
Charter Conflicts
Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How c...
Legislating under the Charter
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 rese...
Parliamentary Bills of Rights
"Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function"--
Constitutional Justice, East and West
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discu...
Wrestling with Rights
This paper examines how the Canadian Charter of Rights & Freedoms has affected policy making, tracing three federal legislative initiatives where rights considerations have played an important role. The first section discusses expectations in the literature about how representative institutions might respond to the Charter, particularly in situations where rights issues arise. Section two examines the federal government's internal processes for evaluating legislation from a Charter perspective. Sections three to five analyze the Charter's effects on legislative decision making in three policy areas: restrictions on tobacco product advertising, rules for conducting sexual assault trials, and access to victims' private records in sexual assault cases. Section six revisits the issue of how representative institutions are responding to the Charter and comments on tensions that arise between the judiciary and Parliament. The final section recommends a process to augment Parliament's role and effectiveness in evaluating legislation in light of Charter considerations.
Interest Groups and Elections in Canada
The two studies in Interest Groups and Elections in Canada explore the nature and influence of special interest groups. They consider different aspects of the question, "In the context of the Canadian Charter of Rights and Freedoms, how can the laws intended to secure a fair electoral process be reconciled with freedom of expression?" Janet Hiebert reviews the limits on interest groups adopted in 1974 and amended in 1983, profiles the groups involved int he 1988 federal election, and discusses relevant legislation and jurisprudence in the provinces and abroad. She concludes that spending limits for parties and candidates will only be effective if there are also restrictions on independent expenditures during elections by groups and individuals. Brian Tanguay and Barry Kay assess the influence attributed to locally oriented interest groups, including by members of Parliament, and conclude that these organizations have less influence on the political process than is the popular view. The authors conclude that dissatisfaction is a key variable explaining the role of these interest groups and their activities during elections.
Equity & Community
This book , The Author addresses the following issues: how and to what effect judicial action has changed since the adoption of the charter, both at the national level and in Quebec; howjudges seek to reconcile particular groups claims with the sense of community integral to a free and democratic society; the implications of these and other developments for interest group advocacy, particular within parliament; and means of strengthening the voice of under represented groups within elected institutions.
Beyond Disagreement
Providing the first empirical analysis of declarations of incompatibility under the UK Human Rights Act and their aftermath in the legislative process, this book details these 'open remedies' and draws comparisons with similar human rights mechanisms in the US, Canada, South Africa, and Australia.
