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Legislating under the Charter explores how governments and
Parliament justify limitations on rights when advancing laws that
raise rights concerns or when responding to judicial decisions
under the Canadian Charter of Rights and Freedoms. Through an
analysis of legislation concerning criminal justice policy, the
approval of new safe consumption sites, sex work, and medical aid
in dying, the book provides a detailed analysis of the extent and
nature of parliamentary deliberation about rights, the extent to
which government initiatives are properly scrutinized, and the
broader institutional relationships under the Charter. The authors
draw from a host of qualitative data, including research interviews
and examination of judicial decisions, various bills under study,
Hansard debates from the floor of the House of Commons, committee
and Senate scrutiny of legislation, bureaucratic advice and Charter
statements by the department of justice, and news media coverage.
The book offers a set of concrete reform proposals to improve the
transparency and accountability of executive and bureaucratic
vetting processes, and to strengthen the role of Parliament in
upholding constitutional values and holding the government to
account. In doing so, Legislating under the Charter contributes to
the broader comparative scholarship on models of judicial review,
morality policy, policy change, and constitutionalism.
Deliberative democracy - whereby people debate competing ideas
before agreeing upon political action - must rest on its capacity
to include all points of view. But how does this inclusive
framework engage with activism that occurs in opposition to
deliberative systems themselves? Through the examples of ACT UP,
Black Lives Matter, and other contemporary activist movements,
Activism, Inclusion, and the Challenges of Deliberative Democracy
explores the systemic oppression that prevents activists from
participating in deliberative systems as equals. Anna Drake
concludes that only by addressing activism separately and on its
own terms can we acknowledge its distinct democratic contribution.
Deliberative democracy - whereby people debate competing ideas
before agreeing upon political action - must rest on its capacity
to include all points of view. But how does this inclusive
framework engage with activism that occurs in opposition to
deliberative systems themselves? Through the examples of ACT UP,
Black Lives Matter, and other contemporary activist movements,
Activism, Inclusion, and the Challenges of Deliberative Democracy
explores the systemic oppression that prevents activists from
participating in deliberative systems as equals. Anna Drake
concludes that only by addressing activism separately and on its
own terms can we acknowledge its distinct democratic contribution.
Legislating under the Charter explores how governments and
Parliament justify limitations on rights when advancing laws that
raise rights concerns or when responding to judicial decisions
under the Canadian Charter of Rights and Freedoms. Through an
analysis of legislation concerning criminal justice policy, the
approval of new safe consumption sites, sex work, and medical aid
in dying, the book provides a detailed analysis of the extent and
nature of parliamentary deliberation about rights, the extent to
which government initiatives are properly scrutinized, and the
broader institutional relationships under the Charter. The authors
draw from a host of qualitative data, including research interviews
and examination of judicial decisions, various bills under study,
Hansard debates from the floor of the House of Commons, committee
and Senate scrutiny of legislation, bureaucratic advice and Charter
statements by the department of justice, and news media coverage.
The book offers a set of concrete reform proposals to improve the
transparency and accountability of executive and bureaucratic
vetting processes, and to strengthen the role of Parliament in
upholding constitutional values and holding the government to
account. In doing so, Legislating under the Charter contributes to
the broader comparative scholarship on models of judicial review,
morality policy, policy change, and constitutionalism.
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