The Constitution of Law: Legality in a Time of Emergency
ISBN: 9780521860758
Publisher:Cambridge University Press
Suggested retail price: $80.00 (HC)
From the publisher: Professor Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights; the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
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The Migration of Constitutional Ideas
Edited by Professor Sujit Choudhry
ISBN: 9780521864824
Publisher: Cambridge University Press
Suggested retail price: $90.00 (HC)
From the publisher: The migration of constitutional ideas across jurisdictions is rapidly emerging as one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions, which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.
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A History of Canadian Legal Thought: Collected Essays
Professor Emeritus R.C.B. Risk, edited and introduced by Professor Jim Phillips (with G. Blaine Baker)
ISBN: 0802094244
Publisher: University of Toronto Press
Suggested Retail Price: $65.00 (HC)
From the publisher: This volume in the Osgoode Society's distinguished series on the history of Canadian law is a collection of the principal essays of Professor Emeritus R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority on the history of Canadian legal thought. Frank Scott, Bora Laskin, W.P.M. Kennedy, John Willis and Edward Blake are among the better known figures whose thinking and writing about law are featured in this collection. But this compilation of the most important essays by a pioneer in Canadian legal history brings to light many other lesser known figures as well, whose writings covered a wide range of topics, from estoppel to the British North America Act to the purpose of legal education. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate.
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Boundaries and Frontiers of Labour Law: Goals and Means in the Regulation of Work
Edited by Professor Brian Langille and SJD graduate Guy Davidov
ISBN: 184113-595X
Publisher: Hart Publications,Oxford
Suggested retail price: $90.00 (HC)
From the publisher: Labour law has always been preoccupied with boundaries. One can either be an "employee" or not, an "employer" or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts - in particular the age-old distinctions - that are used to delimit the field.This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors include: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Scilla Kollonay, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.
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Dilemmas of Solidarity: Rethinking Redistribution in the Canadian Federation
Edited by Professors Sujit Choudhry, Jean-François Gaudreault-DesBiens and Lorne Sossin
ISBN: 0802091261
Publisher: University of Toronto Press
Suggested retail price: $55.00 (HC)
From the publisher: Since the rise of the Canadian welfare state in the aftermath of the Second World War, the politics of social policy and fiscal federalism have been at the centre of federal-provincial relations. Recent events have given impetus for scholars to re-examine these issues. In 2002, the Quebec Commission on Fiscal Imbalance released its report, which introduced the term 'vertical fiscal imbalance' into the vocabulary of Canadian politics. Essentially, the commission determined that a disjunction between revenue-raising capacity and expenditures involving different orders of government - vertical fiscal imbalance - was an urgent problem that must be addressed. Dilemmas of Solidarity is both a reflection on and response to that finding. Editors Sujit Choudhry, Jean-François Graudreault- Desbiens, and Lorne Sossin bring together an array of respected legal and political scholars to reflect on the Quebec Commission's findings. The contributors to this volume illustrate how recent debates surrounding Canada's equalization program suggest alternative ways to approach the issue. The goal of Dilemmas of Solidarity is to stand back from the particulars of different policy debates, to enable scholars to reflect on basic questions regarding redistribution. This fascinating collection will undoubtedly inform a more nuanced and wide-ranging debate both among academics and policy practitioners than has occurred in this past.
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Reproductive Health and Human Rights: Integrating Medicine, Ethics and Law (Chinese edition)
ISBN: 7-80202-167-7
Publisher: China Population Publishing House
From the publisher: As a testament to the success and international relevancy of Reproductive Health and Human Rights: Integrating Medicine, Ethics and Law, this book has been translated and revised into Chinese, adding to the English, French, Spanish and Portuguese editions. Plans are underway for the translation of Part II, containing 15 case studies, into Arabic with commentary from Islamic scholars. First published in April 2003 by Oxford University Press, the books are being used for teaching in medical and law schools and for training in health professional organizations involved in reproductive and sexual health. Plans are underway to post the detailed table of contents, introductory chapter and a case study, with an update section for the book, on the Faculty of Law's Women's Human Rights Resources (WHRR). Those interested in obtaining a copy should write to chinapphouse @ 163.net.
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Canadian Income Tax Law (2nd edition)
Professors Benjamin Alarie and David Duff (with Kim Brooks and Lisa Philipps)
ISBN: 0 433 45416-4
Publisher: LexisNexis Butterworths Canada
Suggested retail price: $99.00
From the publisher: This second edition provides an overview of the foundations of tax law and the critical cases that have shaped each component of the tax regime. Emphasizing both the legislative mechanisms and the common law tradition of tax enforcement, the authors of this well-established text set out the considerations one needs to keep in mind when advising clients. This new edition includes all statutory provisions and cases up to May 2006 and tax changes proposed in the 2006 Federal Budget. It also includes the latest commentary and case law on anti-avoidance rules, interest deductibility, the characterization of a taxpayers income or loss and valid expense deductions.Other features include a detailed index, key extracts from leading cases, rules relating to the computation of income and an analysis of the Income Tax Act.
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