Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitution...

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges?There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much le...

The Hill Times: Best Books of 2016A new, expanded edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land.The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of ...

Digital records and broad access to the Internet have made it easier for genealogists to gather relevant information from distant sources and to share the information they have gathered. The law, however, remains tied to particular geographic locations. This book discusses how specific laws -- access to information, personal data protection, libel, copyright, and regulation of cemeteries -- apply to anyone involved in genealogical research in Canada.

This acclaimed book provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. The second edition of The Constitution of the United Kingdom has been extensively rewritten to take account of recent constitutional developments, particularly changes made following the 2010 general election. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed...

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation.--Akhil Amar, Southmayd Professor, Yale Law SchoolThis is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned a...

Canada's House of Commons has come under considerable attack in recent years. Many critics have contended that the House has been unresponsive to public opinion, and that its party leaders have too much control, while leaving individual MPs essentially powerless. The House has also faced challenges by the courts since the introduction of the Charter, a powerful bureaucracy equipped with specialized knowledge, and new telecommunications systems that are redefining the transfer of informatio...

Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing...

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.

Baker argues that coordinate interpretation a model which requires both elected and appointed officials to interpret the Charter allows for the creation of a more robust democracy alleviating some of the tension between constitutionalism and democracy while limiting judicial activism. Drawing on literature from Montesquieu to recent court decisions Not Quite Supreme gives an extensive critique of both Canadian and American judicial models and explores the tensions between the separation of po...

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses.The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly.Key features include:* Diagrams at the start of chapters to summarise the key points* Structured heading levels to allow for clear recall of the main facts* Charts and ...

In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theo...