Through an extended analysis of Supreme Court decisions involving limits on protected rights, Hiebert explores the issues surrounding judicial review. She explores how difficult it is for judges to determine the reasonableness of legislative initiatives and examines the considerable influence exerted by Canadian politicians in decisions about which legislative activities will be considered justifiable limits on protected rights. Politicians have, in other words, helped define the very constraints that the Charter was intended to impose on them. Limiting Rights sheds light on one of the most contentious issues in a political system with entrenched rights.
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"An informed and comprehensive account of the s.1 limitation clause. Limiting Rights provides a well-argued perspective on how the very nature of judicial decision making has been influenced by the structuring of the limitation clause. Hiebert's analysis of the implications for federalism posed by the limitation clause is particularly illuminating." Richard Sigurdson, Faculty of Arts and Education, University College of the Cariboo.
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Produktdetaljer

ISBN
9780773514317
Publisert
1996-06-01
Utgiver
Vendor
McGill-Queen's University Press
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
200

Forfatter