Judicial Power and Canadian Democracy

Judicial Power and Canadian Democracy
Author: Paul Howe
Publisher: McGill-Queen's Press - MQUP
Total Pages: 352
Release: 2001-03-29
Genre: Political Science
ISBN: 0773568891

Download Judicial Power and Canadian Democracy Book in PDF, Epub and Kindle

The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the state of public opinion on Canada's courts. Those interested in the power of the judicial branch will find much in this collection to stimulate fresh thinking on issues that are likely to remain on the public agenda for years to come. Contributors include Joseph F. Fletcher (Toronto), Janet Hiebert (Queen's), Gregory Hein (Toronto), Peter W. Hogg (York), Paul Howe, Rainer Knopff (Calgary), SĂ©bastien Lebel-Grenier (Sherbrooke), Howard Leeson (Regina), Kate Malleson (London School of Economics), E. Preston Manning (Reform Party of Canada), Hon. Beverley McLachlin (Supreme Court of Canada), F.L. Morton (Calgary), Pierre Patenaude (Sherbrooke), Peter Russell, Allison A. Thornton (Blake, Cassels and Graydon), Frederick Vaughan (emeritus, Guelph), Lorraine Eisenstat Weinrib (Toronto), Hon. Bertha Wilson (emeritus, Supreme Court of Canada), and Jacob Ziegel (Toronto).

Judicial Power

Judicial Power
Author: Christine Landfried
Publisher: Cambridge University Press
Total Pages: 411
Release: 2019-02-07
Genre: Law
ISBN: 1316999084

Download Judicial Power Book in PDF, Epub and Kindle

The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Judicial Power and Canadian Democracy

Judicial Power and Canadian Democracy
Author: Paul Howe
Publisher: McGill-Queen's Press - MQUP
Total Pages: 356
Release: 2001
Genre: Law
ISBN: 9780773522251

Download Judicial Power and Canadian Democracy Book in PDF, Epub and Kindle

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

Judicial Power and the Charter

Judicial Power and the Charter
Author: Christopher P. Manfredi
Publisher: Don Mills, Ont. : Oxford University Press
Total Pages: 0
Release: 2001
Genre: Law
ISBN: 9780195415049

Download Judicial Power and the Charter Book in PDF, Epub and Kindle

This book examines the paradox at the heart of the relationship between judicial power and liberal constitutionalism in Canada, the use of judicial power to review and nullify or modify policies enacted by democratically accountable decision-makers. In this new edition, Manfredi refines his original argument and brings the content completely up to date.

Law, Politics, and the Judicial Process in Canada, 4th Edition

Law, Politics, and the Judicial Process in Canada, 4th Edition
Author: F. L. Morton
Publisher:
Total Pages: 0
Release: 2018
Genre: Courts
ISBN: 9781552389904

Download Law, Politics, and the Judicial Process in Canada, 4th Edition Book in PDF, Epub and Kindle

Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.

Law, Politics, and the Judicial Process in Canada

Law, Politics, and the Judicial Process in Canada
Author:
Publisher:
Total Pages: 714
Release: 2018
Genre: Courts
ISBN: 9781552389928

Download Law, Politics, and the Judicial Process in Canada Book in PDF, Epub and Kindle

"Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada."--

Against Judicial Activism

Against Judicial Activism
Author: Rory Leishman
Publisher: McGill-Queen's Press - MQUP
Total Pages: 530
Release: 2006-04-05
Genre: Political Science
ISBN: 0773577319

Download Against Judicial Activism Book in PDF, Epub and Kindle

Against Judicial Activism cites numerous cases to support this argument. For instance, the British Columbia Human Rights Tribunal and Supreme Court read a ban on discrimination on the ground of transsexualism as being part of the province's human rights code. On the basis of this revision of the law, the tribunal ordered the Vancouver Rape Relief Society to pay $7,500 to a transsexual man in compensation for refusing to admit him into a training course for rape crisis counsellors.

Appointing Judges in an Age of Judicial Power

Appointing Judges in an Age of Judicial Power
Author: Peter H. Russell
Publisher: University of Toronto Press
Total Pages: 489
Release: 2006-01-01
Genre: Political Science
ISBN: 0802093817

Download Appointing Judges in an Age of Judicial Power Book in PDF, Epub and Kindle

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.

From Democracy to Judicial Dictatorship in Canada

From Democracy to Judicial Dictatorship in Canada
Author: Patrick Redmond
Publisher:
Total Pages: 336
Release: 2019-03-15
Genre:
ISBN: 9781795581646

Download From Democracy to Judicial Dictatorship in Canada Book in PDF, Epub and Kindle

FROM DEMOCRACY TOJUDICIAL DICTATORSHIP IN CANADA:THE UNTOLD STORY OF THE CHARTER OF RIGHTSCanada has been profoundly changed since our Constitution, including the Charter of Rights, came to be patriated in 1982. This took place without any national referendum or public support.The 1982 Patriation caused the transfer of power from the elected federal Parliament and provincial Legislatures which are accountable to the public, to nonelected, unaccountable judges sitting on the Supreme Court of Canada. The judiciary now make, without public input or accountability, fundamental decisions affecting our daily lives.From Democracy to Judicial Dictatorship in Canada reveals how this dramatic change came about. Based on documentary evidence, the authors disclose how Prime Minister Pierre Elliott Trudeau: An ardent socialist, became a member of the Liberal Party of Canada solely to use it as a platform to change Canada's Constitution according to his directions.Had no respect for the elected Members of Parliament, and preferred that elitist appointed judges make fundamental decisions, using the Charter as their tool to reshape Canadian values and society. Engaged in obnoxious behaviour deliberately misleading the public about the purpose and effect of his proposed Charter of Rights.Canadian judges have used the Charter to expand their role and influence, contrary to the clear intent of the drafters of the Charter. Time and again, judges have thrown aside judicial restraint, abandoned legal merit and precedent as the basis of their decisions, and instead have applied their own political ideology in reaching their decisions. They have now become the most powerful individuals in Canadian history.These startling events are examined through a critique of a number of Supreme Court of Canada and lower court cases, and the apparent mentality of the judges who believe that they are personally qualified to decide "what is best for Canadians."This book provides the reader with a three part assessment of our current state of constitutional crisis. The first part is a survey of the politics that went into the 1982 patriation of Canada's Constitution. The second, the loss of Parliamentary sovereignty and the rise of judicial activism. In the third part, the authors make the case that reform is not only necessary but possible. Both the courts and Parliament must actively seek to re-balance their respective roles based on principles of responsible government and electoral accountability, to ensure that Canada, once again, becomes strong and free, rooted in the consent of the governed.