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The Least Examined Branch
Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.
Feminist Constitutionalism
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
The Voices of #MeToo
The Voices of #MeToo: From Grassroots Activism to a Viral Roar is a timely analysis of how marginalized voices are engaged or silenced in one of the most successful social media projects in recent history. Accessibly written, this book unravels the ideas and practices of activism throughout the #MeToo movement from its inception to its current viral moment. The movement went viral with a tweet from Alyssa Milano after the avalanche of sexual harassment and assault allegations against movie mogul Harvey Weinstein. The hashtag, however, got its start from African-American, grassroots activist Tarana Burke a decade earlier. Taking this as her starting place, Gieseler focuses on the marginalized...
Constitutions and Gender
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
Governing from the Bench
In Governing from the Bench, Emmett Macfarlane demystifies the inner workings of the Supreme Court of Canada. Drawing on interviews with current and former justices, law clerks, and other staff members of the court, Macfarlane sheds 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’ behaviour; and situates the court in a broader governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.
The Public Law of Gender
Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.
Canada’s Surprising Constitution
Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution....
Women as Constitution-Makers
Offers case studies of women as constitution-makers in nine countries, clarifying the gender aspects of participatory constitutionalism.
Part-Time for All
An innovative view of how everyone doing part-time work and part-time caregiving would promote flourishing families, free time, equality, and the true value of care. The way that Western countries approach work and care for others is fundamentally dysfunctional. The amount of time spent at work places unsustainable stress on families, particularly in the face of rising inequality, while those who perform care are underpaid and their labor undervalued. In Part-Time for All, Jennifer Nedelsky and Tom Malleson propose a plan to radically restructure both work and care. As such, they offer a solution to four pressing problems: the inequality of caregivers; family stress from competing demands of...
Being Relational
At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.
