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Legislating under the Charter
  • Language: en
  • Pages: 320

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...

Sex Discrimination in Uncertain Times
  • Language: en
  • Pages: 407

Sex Discrimination in Uncertain Times

  • Categories: Law
  • Type: Book
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  • Published: 2010-09-01
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  • Publisher: ANU E Press

This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive...

Governing from the Bench
  • Language: en
  • Pages: 266

Governing from the Bench

  • Type: Book
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  • Published: 2013
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  • Publisher: UBC Press

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.

The Changing Voice of the Anti-Abortion Movement
  • Language: en
  • Pages: 450

The Changing Voice of the Anti-Abortion Movement

  • Categories: Law

When journalists, academics, and politicians describe the North American anti-abortion movement, they often describe a campaign that is male-dominated, aggressive, and even violent in its tactics, religious in motivation, anti-women in tone, and fetal-centric in arguments and rhetoric. Are they correct? In The Changing Voice of the Anti-Abortion Movement, Paul Saurette and Kelly Gordon suggest that the reality is far more complicated, particularly in Canada. Today, anti-abortion activism increasingly presents itself as “pro-women”: using female spokespersons, adopting medical and scientific language to claim that abortion harms women, and employing a wide range of more subtle framing and...

Governance of Arctic Offshore Oil and Gas
  • Language: en
  • Pages: 320

Governance of Arctic Offshore Oil and Gas

Global energy problems will remain a challenge in the coming decades. The impact of climate change and the melting of polar sea ice opening up access to offshore hydrocarbon resources in the Arctic Ocean, raises questions for both civil society and the scientific community over drilling opportunities in Arctic marine areas. Disparities in approach to the governance of oil and gas extraction in the Arctic arise from fundamental differences in histories, cultures, domestic constraints and substantive values and attitudes in the Arctic coastal states and sub-states. Differing political systems, legal traditions and societal beliefs with regard to energy security and economic development, enviro...

Intrusive Impartiality
  • Language: en
  • Pages: 305

Intrusive Impartiality

Impartiality is a central norm in United Nations peace operations that has long been associated with passive monitoring of cease-fires and peace agreements. In the twenty-first century, however, its meaning has been stretched to allow for a range of forceful, intrusive, and ideologically prescriptive practices. In Intrusive Impartiality, Marion Laurence explains how these new ways of being "impartial" emerge, how they spread within and across missions, and how they become institutionalized across UN peace operations. In doing so, Laurence sheds light on controversial changes in peacekeeping practice and provides an innovative framework for studying authority and change in global governance.

Decolonisation
  • Language: en
  • Pages: 280

Decolonisation

  • Type: Book
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  • Published: 2023-10
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  • Publisher: NYU Press

Offers a comparative analysis of the processes and aftermath of decolonisation from philosophical, historical, literary and legal perspectives.

Constraining the Court
  • Language: en
  • Pages: 446

Constraining the Court

  • Categories: Law
  • Type: Book
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  • Published: 2024-05-01
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  • Publisher: UBC Press

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.

Gender, National Security and Counter-terrorism
  • Language: en
  • Pages: 288

Gender, National Security and Counter-terrorism

  • Categories: Law
  • Type: Book
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  • Published: 2013
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  • Publisher: Routledge

From its inception, the "War on Terror" has been a heavily gendered endeavour. A careful examination of counter-terrorism campaigns outside the current "War on Terror," reveals that such national security efforts also have a complex, but often unexplored, relationship to gender. This edited volume brings together scholars from various disciplines to consider, from a human rights perspective, the many ways in which gender interacts with counter-terrorism and national security efforts by modern states. The book provides a systematic overview of the key intersections between gender and counter-terrorism considering what it means to take a gendered human rights approach to counter-terrorism meas...

No One is an Island
  • Language: en
  • Pages: 162

No One is an Island

This book examines Iceland vis-à-vis international affairs, with special focus on immigration, foreign aid, Arctic policy, climate change and Iceland´s international image, identity and perception. All issues that play an important role in Iceland´s foreign and domestic policy. This book addresses Iceland as a small state from a variety of perspectives offered by academics and officials. In this book, the authors explore how Iceland’s domestic and international behaviour is marked by its smallness, suggesting that the Icelandic perspective is perhaps more idiosyncratic than international.