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Judicial Independence in the Age of Democracy
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
Appointing Judges in an Age of Judicial Power
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Constitutional Odyssey
Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed. The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edi...
Canada's Odyssey
In Canada's Odyssey, renowned scholar Peter H. Russell provides an expansive, accessible account of Canadian history from the pre-Confederation period to the present day.
Federalism and the Charter
This extensive revision of the landmark Leading Constitutional Decisions brings together recent Charter cases with the classical cases on the Canadian Constitution. An introductory essay traces the evolution and distinctive features of judicial review in Canada and includes references to the Constitution Act, 1982, and the important changes resulting from it.
Essential Readings in Canadian Constitutional Politics
Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.
Parliamentary Democracy in Crisis
In November 2008, as the economic decline was being fully realized, Canada's newly elected minority government, led by Conservative Stephen Harper, presented a highly divisive fiscal update in advance of a proposed budget. Unable to support the motion, the Liberal and New Democratic Parties, with the backing of the Bloc Québécois, formed a coalition in order to seek a no-confidence vote and to form a new government. In response, Conservative cabinet ministers launched a media blitz, informing Canadians that the opposition was mounting a 'coup d'état.' Ultimately Governor General Michaëlle Jean allowed Parliament to be prorogued, the coalition fell apart, and a budget was accepted by the ...
The Struggle of Democracy Against Terrorism
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.
Recognising Aboriginal Title
In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket.
