In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states.Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalis...

A careful analysis of the social media campaigns of Donald Trump, Marine Le Pen, and the Brexit campaigners, which shows how today's new nationalists are cultivating support from white majorities by tapping into their history and culture. Across the West, there has been a resurgence of ethnic nationalism, populism, and anti-immigrant sentiment - a phenomenon that many commentators have called the "new nationalism." In The New Nationalism in America and Beyond, Rob...

With an updated preface by the author.Since the proclamation of the Universal Declaration of Human Rights in 1948, rights have become the dominant language of the public good around the globe. Indeed, rights have become the trump card in every argument. Long-standing fights for aboriginal rights, the issue of preserving the linguistic heritage of minorities, and same-sex marriage have steered our society into a full-blown rights revolution. This revolution is not o...

In The Ethics of Immigration, Joseph Carens synthesizes a lifetime of work to explore and illuminate one of the most pressing issues of our time. Immigration poses practical problems for western democracies and also challenges the ways in which people in democracies think about citizenship and belonging, about rights and responsibilities, and about freedom and equality. Carens begins by focusing on current immigration controversies in North America and Europe about access to citiz...

The current Status criteria of theIndian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, ...

All over the world democratic reforms have brought power to the people-but under conditions where the people have little opportunity to think about the power that they exercise. Do we want a democracy inspired by Madison or by Madison Avenue? A democracy animated by deliberation or by manipulation? This book examines each of the principal democratic theories and makes the case for a democracy in which the people offer informed judgments about politics or policy. It then goes on toshow how ...

The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement.What exactly is deliberative democracy? Why is it more def...

The Canadian system of federalism divides the power to govern between the central federal parliament and the provincial and territorial legislative assemblies. In what can be seen as a double federation, power is also divided culturally, between English and French Canada. The divisions of power and responsibility, however, have not remained static since 1867. The federal language regime (1969), for example, reconfigured cultural federalism, generating constitutional tension as governments ...

Interest in citizenship has never been higher. But what does it mean to be a citizen of a modern, complex community? Why is citizenship important? Can we create citizenship, and can we test for it? In this fascinating Very Short Introduction, Richard Bellamy explores the answers to these questions and more in a clear and accessible way. He approaches the subject from a political perspective, to address the complexities behind the major topical issues. Discussing the main models of...

The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court.The contributors consider the ...

What should we expect from democracy, and how likely is it that democracies will live up to those expectations? In The State of Democratic Theory, Ian Shapiro offers a critical assessment of contemporary answers to these questions, lays out his distinctive alternative, and explores its implications for policy and political action.Some accounts of democracy's purposes focus on aggregating preferences; others deal with collective deliberation in search of the common good. Sh...

Can libertarians care about social justice? In Free Market Fairness, John Tomasi argues that they can and should. Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that proper...