Constitutional Law in the Ory and Practic de David M. Beatty

Constitutional Law in the Ory and Practic

David M. Beatty

en Limba Engleză Paperback – 14 dec 1995

David Beatty draws on more than twenty years' teaching experience to produce a comprehensive introduction to the basic rules in constitutional law, accessible to law and non-law students alike. He reviews the leading cases handed down by the Supreme Court of Canada and the Privy Council concerning the original BNA Act of 1867 and the Canadian Charter of Rights enacted in 1982. As well, Beatty reviews many of the most important decisions made by other courts around the world and analyses the function judges and courts perform in liberal democratic societies when they enforce written constitutions including bills of rights.

The initial chapter introduces the reader to the subject of constitutional law - what it is all about, what its function is, and how it interacts with the constitutional text. The book goes on to examine Canadian federalism law and the Supreme Court of Canada's experience in the first decade in the life of the Charter of Rights. Beatty also examines significant human rights cases decided by the major courts around the world, in order to illustrate how the same principles and methods of reasoning are used to resolve disputes about the validity of laws no matter what the issue is or where it arises. The book concludes by showing how a theory of constitutional law which emphasizes the social duties which politicians must respect rather than individual rights should be responsive to the concerns of those who are more sceptical about the virtues of law and the courts as well as those who fear the cultural imperialism of western legal concepts.

Beatty proposes a radically new way to think about the idea of 'rights, ' one which emphasizes the social duties that are inherent in every conception of rights. The book argues that by reorienting our thinking about what rights and the rule of law are all about, it is easier to see that rather than being in conflict or tension with each other, democratic decision making and judicial review are supportive of a common set of values and ideals.

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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.