Charter Conflicts

Charter Conflicts
Author: Janet L. Hiebert
Publisher: McGill-Queen's Press - MQUP
Total Pages: 280
Release: 2002-04-24
Genre: Political Science
ISBN: 0773570373

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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 capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.

Charter of the United Nations and Statute of the International Court of Justice

Charter of the United Nations and Statute of the International Court of Justice
Author: United Nations
Publisher: UN
Total Pages: 112
Release: 2015-08-30
Genre: Political Science
ISBN: 9789210016513

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The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

Where Charter School Policy Fails

Where Charter School Policy Fails
Author: Amy Stuart Wells
Publisher: Teachers College Press
Total Pages: 214
Release: 2002-09
Genre: Education
ISBN: 9780807742495

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Based on their own in-depth study of 17 diverse charter schools in California and other recent studies from around the country, the authors explore how the laissez-faire policy of charter schools interacts with the lives of children, educators, and parents in diverse social, economic, and political contexts.

Governing with the Charter

Governing with the Charter
Author: James B. Kelly
Publisher: UBC Press
Total Pages: 338
Release: 2011-11-01
Genre: Law
ISBN: 0774840080

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In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.

Conflicts of Interest

Conflicts of Interest
Author: New York (N.Y.). Conflicts of Interest Board
Publisher:
Total Pages: 9
Release: 1996
Genre:
ISBN:

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Investment Governance between the Energy Charter Treaty and the European Union

Investment Governance between the Energy Charter Treaty and the European Union
Author: Ottavio Quirico
Publisher: BRILL
Total Pages: 179
Release: 2021-07-05
Genre: Law
ISBN: 9004463437

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Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.

Review of the United Nations Charter

Review of the United Nations Charter
Author: United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on the United Nations Charter
Publisher:
Total Pages: 1202
Release: 1954
Genre:
ISBN:

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Review of the United Nations Charter

Review of the United Nations Charter
Author: United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on the United Nations Charter
Publisher:
Total Pages: 1168
Release: 1955
Genre:
ISBN:

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