Search
Full bibliography 1,236 resources
-
Basis for the jurisdiction to stay proceedings - comparison of Commonwealth countries - rationale for the jurisdiction to stay proceedings - relationship between jurisdiction and remedy.
-
An article from McGill Law Journal / Revue de droit de McGill, on Érudit.
-
It has been suggested that the Canadian prime minister tends to enjoy powers to a degree that is unhealthy in a democratic society. This article evaluates the "prime minister as autocrat" argument that has gained currency, if not in the academic literature, certainly in the popular media. It is suggested that while there has been a relative increase in the concentration of power in the centre — the centre defined as the prime minister, his entourage and key central agencies — the portrait of prime ministerial autocracy has been overdrawn. None the less, reforms are desirable. Particularly ones that create or enhance counterweights to prime ministerial power will likely improve Canadian democracy. These reforms should focus not so much on strengthening the role of individual MPs but on reinforcing the position of cabinet, the parliamentary caucus and senate vis-à-vis the prime minister. In this respect, five possible reforms are discussed, and their prospects of being adopted assessed: proportional representation for the House of Commons, an elected senate, strengthened parliamentary caucuses, a fixed time-table for elections and the New Zealand approach to the appointment of senior officials.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Abstract: Cabinet secrecy is a cornerstone of the constitution of the Westminster system of government and is safeguarded by convention, common law and statute law in leading Westminster regimes. Secrecy of cabinet proceedings is very much part of the efficient constitution, but the protections afforded by convention and law are neither well understood nor particularly popular. This article examines the convention and how it differs from the common law and statute law treatments of cabinet secrecy. It considers the essential requirements for cabinet secrecy: collective decision-making; the protection of the views and opinions of ministers; and several related problems of the constitution, including the role of the cabinet as the informal executive, the use of the cabinet as an administrative coordinating mechanism, and -unique to Canada - the use of statute law to remove the courts from their traditional role of determining the balance between individual rights and those of the state. Cabinet secrecy is essential to a system of government where responsible ministers collectively decide the government's policy, but in order to play a proper role in our affairs the convention on secrecy needs to be constitutionally validated by the articulation of its purpose and scope. Sommaire: Le secret ministériel est une pierre d'angle de la constitution de Westminster, protégé par la convention constitutionnelle, la common law et la législation dans les principaux pays du système de Westminster. Le secret ministériel fait intimement partie de la constitution efficace, mais les protections procurées par la convention et la Loi ne sont ni bien comprises N particulièrement bien vues. Cet article examine la convention et comment elle se démarque de la façon dont la common law et le droit législatif interprètent le secret ministériel. Il examine les conditions essenticlles du secret ministériel: la prise de décision collective et la protection des points de vue et opinions des ministres. II examine également plusieurs problèmes connexes de la constitution, y compris le rôle du cabinet comme le pouvoir exécutif officieux; le cabinet comme un mécanisme de coordination administrative et - propre au Canada
-
"What is the state of democracy in Canada? This is the central question of Stephen Brooks’s best-selling introduction to Canadian politics textbook, Canadian Democracy. In this revised ninth edition, Brooks continues to explore the characteristics and controversies associated with Canadian politics. He begins by addressing the social and economic contexts of the country’s politics before covering the basic elements and structures of government (e.g., the constitution, federalism, and the administrative state), political participation, and the current issues and challenges in Canadian political life. Highlights of this revised edition include: comprehensive updates throughout to bring readers the latest data, research, and analysis of current events; additional coverage of such topics as multiculturalism and interculturalism in Quebec, current trends in political communication, and Canadian foreign policy. This edition features a revised ancillary suite for students and instructors that includes podcasts, a test generator, an instructor’s manual, PowerPoint slides, and a student study guide. The ninth edition of Canadian Democracy is also available with an e-version of the textbook, flashcards of key terms and definitions, the Constitution Acts, 1867 & 1982 (including the Charter of Rights and Freedoms), and simulation activities that speak to Canadian politics, governance, and institutions."-- Provided by publisher.
-
Behind Closed Doors asks - and answers - whether the doctrine of Cabinet secrecy still has a role in the Westminster parliamentary system.
-
This guide provides guidance to public servants on supporting Ministers for their participation in Cabinet and Cabinet committee meetings. This guide addresses the development of Cabinet documents - Memoranda to Cabinet (MCs), presentations and aide-mémoires - for Cabinet consideration
-
"Comparative Law in the Jurisprudence of the Supreme Court of Canada" published on 09 Sep 2019 by Brill | Nijhoff.
-
//static.cambridge.org/content/id/urn%3Acambridge.org%3Aid%3Aarticle%3AS0829320100010565/resource/name/firstPage-S0829320100010565a.jpg
-
Disclaimer: This summary was generated by AI based on the content of the source document.
Explore
Resource type
- Blog Post (3)
- Book (483)
- Book Section (106)
- Case (130)
- Conference Paper (3)
- Dictionary Entry (53)
- Encyclopedia Article (1)
- Journal Article (444)
- Newspaper Article (1)
- Preprint (1)
- Presentation (1)
- Report (9)
- Thesis (1)
Topics
- Aboriginal law (3)
- Aboriginal peoples (1)
- Access to information (1)
- Administrative law (10)
- Admissibility (1)
- Appeals (5)
- Arrest (1)
- Assurance (1)
- Bankruptcy and insolvency (3)
- Banks (1)
- Canada (3)
- Charge to jury (2)
- Charter of Rights (12)
- Child and family services (1)
- Choice of forum (1)
- Civil liability (1)
- Communications law (1)
- Constitutional law (25)
- Contracts (1)
- Copyright (7)
- Copyright Pentalogy (5)
- Court having jurisdiction (1)
- Courts (6)
- Criminal law (55)
- Custody (1)
- Division of powers (4)
- Equity (1)
- Evidence (11)
- Expropriation (1)
- Extraterritoriality (1)
- Family law (2)
- Financial institutions (1)
- Fitness to stand trial (1)
- Habeas corpus (1)
- Immigration (3)
- Impaired driving (2)
- Income tax (1)
- Informer privilege (1)
- Infringement (2)
- Insurance (1)
- Intellectual property (5)
- Judicial review (5)
- Jurisdiction (3)
- Obligation of loyalty (1)
- Occupational health and safety (1)
- Open court principle (1)
- Prerogative writs (1)
- Prescription (1)
- Private international law (1)
- Property (1)
- Provincial offences (1)
- Publication bans (1)
- Real property (1)
- Right to security of person (1)
- Sale of goods (1)
- Securities (2)
- Sentencing (8)
- Sex workers (1)
- Sexual assault (4)
- Status of persons (1)
- Statutes (1)
- Taxation (3)
- Telecommunications (1)
- Trafficking in persons (1)
- Transportation law (1)
- Treaty rights (1)
- Trial (2)
- Voyeurism (1)
- Young persons (2)
Publication year
- Between 1700 and 1799 (2)
-
Between 1800 and 1899
(5)
-
Between 1830 and 1839
(1)
- 1830 (1)
-
Between 1840 and 1849
(1)
- 1849 (1)
-
Between 1880 and 1889
(1)
- 1880 (1)
- Between 1890 and 1899 (2)
-
Between 1830 and 1839
(1)
-
Between 1900 and 1999
(257)
-
Between 1910 and 1919
(1)
- 1918 (1)
- Between 1930 and 1939 (6)
- Between 1940 and 1949 (3)
- Between 1950 and 1959 (7)
- Between 1960 and 1969 (24)
- Between 1970 and 1979 (23)
- Between 1980 and 1989 (75)
- Between 1990 and 1999 (118)
-
Between 1910 and 1919
(1)
-
Between 2000 and 2026
(972)
- Between 2000 and 2009 (212)
- Between 2010 and 2019 (334)
- Between 2020 and 2026 (426)