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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
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...
The Changing Voice of the Anti-Abortion Movement
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...
Governing from the Bench
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.
Gender, National Security, and Counter-Terrorism
In the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for "hearts and minds" have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most—both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism—and human rights into a gendered analysis of counter-terrorism—this volume aims to reverse this trend. ...
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.
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
Offers a comparative analysis of the processes and aftermath of decolonisation from philosophical, historical, literary and legal perspectives.
Beyond Pro-life and Pro-choice
Examining the changing pluralities of contemporary abortion debate in Britain, this innovative and important book shows why it is necessary to move beyond an understanding of abortion politics as characterised in binary terms by ‘pro-choice’ versus ‘pro-life’. Amery traces the evolution of political and parliamentary discourses from the passage of the Abortion Act in the 1960s to the present day, and argues that the current provision of abortion in Britain rests on assumptions about medical authority over women’s reproductive decision-making which are unsustainable. She explores new arguments around sex-selective abortion, disability rights, pre-abortion counselling and the push for decriminalization, and radically reconceptualizes the debate to account for these new battlegrounds in abortion politics.
Britain and the Arctic
British interest in the Arctic has returned to heights not seen since the end of the Cold War; concerns about climate change, resources, trade, and national security are all impacted by profound environmental and geopolitical changes happening in the Arctic. Duncan Depledge investigates the increasing geopolitical significance of the Arctic and explores why it took until now for Britain – once an ‘Arctic state’ itself – to notice how close it is to these changes, what its contemporary interests in the region are, and whether the British government’s response in the arenas of science, defence, and commerce is enough. This book will be of interest to both academics and practitioners seeking to understand contemporary British interest and activity in the Arctic.
