David Beatty draws on more than twenty years' teaching experience to produce a comprehensive introduction to constitutional law, accessible to students of law and non-specialists alike. He reviews the leading cases that have come before the Privy Council and the Supreme Court of Canada concerning the BNA Act and the Charter of Rights and Freedoms. As well, Beatty reviews important decisions made by courts around the world and analyses the function judges perform in liberal-democratic societies when they enforce written constitutions that include bills of rights. Chapter 1 introduces constitutional law - what it is all about, what its function is, and how it interacts with the constitutional text. The book examines Canadian federalism law and the Supreme Court of Canada's experience with the Charter of Rights. It also looks at significant human rights cases decided by major courts around the world, showing how the same principles and methods of reasoning are used elsewhere to resolve legal disputes. The author concludes that a theory of constitutional law that puts greater emphasis on the social duties politicians must respect than on individual rights should be responsive to the concerns of both those who are sceptical about the virtues of law and the courts and those who fear Western cultural imperialism. Beatty proposes a radically new way of thinking about 'rights' - one that emphasizes the social duties inherent in the very conception of rights. By reorienting our thinking about rights and the rule of law, we can see that democratic decision-making and judicial review, rather than being in conflict with each other, support a common set of values and ideals.
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Inside This Book
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First Sentence:
No one, I am sure, would have any difficulty distinguishing a constitution from either a gopher or a game of golf. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
constitutional validation, federalism law, other major courts, federalism disputes, comparative constitutional law, federalism cases, mutual modification, federal principle, constitutional jurisprudence, constitutional supremacy, proportionality principles, elected branches, challenged law, federal character Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, Privy Council, European Court, Basic Law, Constitution Act, Crown Zellerbach, Indian Court, Charter of Rights, New Delhi, Northern Ireland, Parliament of Canada, The Queen New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
No one, I am sure, would have any difficulty distinguishing a constitution from either a gopher or a game of golf. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
constitutional validation, federalism law, other major courts, federalism disputes, comparative constitutional law, federalism cases, mutual modification, federal principle, constitutional jurisprudence, constitutional supremacy, proportionality principles, elected branches, challenged law, federal character Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, Privy Council, European Court, Basic Law, Constitution Act, Crown Zellerbach, Indian Court, Charter of Rights, New Delhi, Northern Ireland, Parliament of Canada, The Queen New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 41
books:
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5
books
cite this book:
- Human Rights: v. 1: Acts, Statutes and Constitutional Provisions by D. N. Gupta on 6 pages
- Human Rights (World Issues) by Fiona MacDonald on 4 pages
- Constitutional Law of Canada by Peter W. Hogg on 4 pages
- Constitutional Law (University Casebook Series) by Kathleen M. Sullivan in Back Matter (1), Back Matter (2), and Back Matter (3)
- Constitutional Law (Essentials of Canadian Law) by Patrick Monahan in Back Matter (1), Back Matter (2), and Back Matter (3)
See all 41 books this book cites
- Against Judicial Activism: The Decline of Freedom And Democracy in Canada by Rory Leishman on page 222, Back Matter (1), and Back Matter (2)
- Final Appeal: Decision-Making in Canadian Courts of Appeal by Ian Greene in Back Matter (1), and Back Matter (2)
- It's All in the Game: A Nonfoundationalist Account of Law and Adjudication by Allan C. Hutchinson in Back Matter
- Chinese Law: A Language Perspective by Deborah Cao in Back Matter
- The Hateful and the Obscene: Studies in the Limits of Free Expression (Toronto Studies in Philosophy) by L. W. Sumner in Back Matter
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