Christopher P Manfredi
Biographic Data
| ID | 2506145 |
|---|---|
| NAME | Christopher P Manfredi |
| GIVEN NAMES | Christopher P |
| FAMILY NAME | Manfredi |
| SIGNATURE | MANFREDI C P |
| AFFILIATIONS | McGill University |
| VERIFIED | No |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 44 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1986 |
| LATEST PUBLICATION YEAR | 2010 |
| H-INDEX | 5 |
Contested Constitutionalism
Expressive Freedom and Tobacco Advertising
In 1989, Canada enacted the Tobacco Products Control Act (TPCA), which prohibited tobacco advertising, required health warnings on tobacco packaging, and restricted promotional activities. Canada's tobacco companies challenged the TPCA's constitutionality, arguing that it infringed on freedom of expression. Although it seemed likely that the Canadian Supreme Court would uphold the legislation, in 1995 the court declared the impugned provisions to…
Judicial Discretion and Fundamental Justice
On August 22, 1991 the Supreme Court of Canada delivered its judgment in R. v. Seaboyer.1 At issue was the constitutionality of Criminal Code provisions limiting a defendant's ability to introduce evidence about a complainant's previous sexual activity or reputation in trials for sexual assault. Writing for a seven-justice majority, Justice Beverly McLachlin declared that the prohibition against the admission of sexual activity evidence infringed…
Judicial Review and Criminal Disenfranchisement in the United States and Canada
Courts in both the United States and Canada have been forced to consider the constitutionality of laws disenfranchising convicted offenders. Despite similar legal traditions, courts in the two countries have reached diametrically opposed results, with the U.S. Supreme Court upholding broad state power to disenfranchise offenders and Canadian courts rejecting progressively less severe restrictions on offenders' right to vote. Using these decisions…
The Supreme Court and Juvenile Justice
Journal Article The Supreme Court and Juvenile Justice. By Christopher P. Manfredi. (Lawrence: University Press of Kansas, 1998. xvi, 256 pp. $35.00, ISBN 0-7006-0851-6.) Get access Jack M. Holl Jack M. Holl Kansas State University, Manhattan, Kansas Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 85, Issue 3, December 1998, Pages 1164–1165, https://doi.org/10.2307/2567364 Published: 01…
The Supreme Court and Juvenile Justice
Journal Article The Supreme Court and Juvenile Justice Get access Manfredi Christopher P., The Supreme Court and Juvenile Justice. Lawrence: University Press of Kansas, 1997. xv, 256pp. $35.00. Gary A. Debele Gary A. Debele Minneapolis, Minnesota Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 42, Issue 3, July 1998, Pages 343–344, https://doi.org/10.2307/846211 Published: 01 July…
Why do Formal Amendments Fail
Given the increasing importance of constitutional modification in Eastern Europe, Latin America, South Africa, Europe, and Australia, it is imperative to study systemically the conditions under which formal constitutional amendments are likely to fail. In this paper, the authors isolate conditions whereby the instrumental objectives of participants in the politics of constitutional modification threaten to overload the institutional capacity of t…
Institutional Design and the Politics of Constitutional Modification
This article examines the recent failure of formal constitutional amendments in the United States and Canada by closely analyzing the institutional environment in which constitutional modification takes place. I focus first on the instrumental objectives of constitutional reform to develop an institutional design model of constitutional modification and identify the structural factors that affect the level of controversy generated by proposed ame…
Appropriate and Just in the Circumstances
The political value of rights depends on the availability of effective instruments for remedying violations of those rights. Recognizing this, the authors of the Canadian Charter of Rights and Freedoms provided courts with three remedial alternatives for enforcing its provisions. Focusing on section 24(1) of the Charter, which permits courts to impose any remedy they consider “appropriate and just in the circumstances, ” this article assesses how…
The Canadian Supreme Court and American Judicial Review
The constitutional entrenchment of the Canadian Charter of Rights and Freedoms in 1982 produced several commentaries comparing it to the United States Bill of Rights and speculating about the impact of American civil rights jurisprudence on Charter adjudication.' While some Canadian commentators enthusiastically welcomed the infusion of American constitutional jurisprudence into Canadian law,2 others feared that uncritical acceptance of American …
The Young Offenders Act and Juvenile Justice in the United States
Recent proposals to reform the Young Offenders Act have sought to address the difficult question of the proper response to youth who commit especially serious offences. This article evaluates these proposals from the perspective or recent developments in US juvenile justice policy that have also been designed to meet serious and chronic youth criminality. The article suggests that a series of US state legislative reforms, in which individual resp…
Re Lavigne and Ontario Public Service Employees Union
Analysts studying the political impact of the Charter of Rights and Freedoms have tended to focus on the role of the Supreme Court of Canada and on the formulation of remedies for Charter violations under s. 52(1) of the Constitution Act, 1982 (judicial nullification) and s. 24(2) of the Charter (exclusion of evidence). Without denying the importance of the Supreme Court, or the impact of nullification and exclusion of evidence, it is important t…
Fundamental Justice in the Supreme Court of Canada
Journal Article Fundamental Justice in the Supreme Court of Canada: Decisions Under Section 7 of the Charter of Rights and Freedoms, 1984-1988 Get access Christopher P. Manfredi Christopher P. Manfredi 1Christopher P. Manfredi is Assistant Professor and Canada Research Fellow, Department of Political Science, McGill University. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume…
The Use of United States Decisions by the Supreme Court of Canada Under the Charter of Rights and Freedoms
The adoption of the Canadian Charter of Rights and Freedoms has generated considerable interest among legal commentators who question the potential impact of United States civil rights jurisprudence on Charter adjudication. This article offers a preliminary analysis of the impact of US constitutional law generally, and civil rights jurisprudence in particular, on Charter adjudication in the Supreme Court of Canada between 1984 and 1988. Focussing…
Adjudication, Policy-Making and the Supreme Court of Canada
This article explores the relevance of studies of judicial policy-making in the United States to the decision-making of the Supreme Court of Canada under the Canadian Charter of Rights and Freedoms. The article suggests that literature concerning the political legitimacy of judicial policy-making is minimally relevant, since a broad form of judicial review appears to be well established in Charter jurisprudence. The literature on institutional de…
Human Dignity and the Psychology of Interrogation in Miranda v. Arizona
Miranda v. Arizona , holding confessions obtained during police interrogation inadmissable unless preceded by a full and specific disclosure of a suspect's rights, is perhaps the best known U.S. Supreme Court decision on due process. The decision was built on the twin pillars of human dignity and free will. The Court determined that the intent of the Fifth Amendment is to protect human dignity, and argued that dignity is jeopardized by state acti…
The Use of United States Decisions by the Supreme Court of Canada Under the Charter of Rights and Freedoms
The adoption of the Canadian Charter of Rights and Freedoms has generated considerable interest among legal commentators who question the potential impact of United States civil rights jurisprudence on Charter adjudication. This article offers a preliminary analysis of the impact of US constitutional law generally, and civil rights jurisprudence in particular, on Charter adjudication in the Supreme Court of Canada between 1984 and 1988. Focussing…
Judicial Review and Criminal Disenfranchisement in the United States and Canada
Courts in both the United States and Canada have been forced to consider the constitutionality of laws disenfranchising convicted offenders. Despite similar legal traditions, courts in the two countries have reached diametrically opposed results, with the U.S. Supreme Court upholding broad state power to disenfranchise offenders and Canadian courts rejecting progressively less severe restrictions on offenders' right to vote. Using these decisions…
Why do Formal Amendments Fail
Given the increasing importance of constitutional modification in Eastern Europe, Latin America, South Africa, Europe, and Australia, it is imperative to study systemically the conditions under which formal constitutional amendments are likely to fail. In this paper, the authors isolate conditions whereby the instrumental objectives of participants in the politics of constitutional modification threaten to overload the institutional capacity of t…
Adjudication, Policy-Making and the Supreme Court of Canada
This article explores the relevance of studies of judicial policy-making in the United States to the decision-making of the Supreme Court of Canada under the Canadian Charter of Rights and Freedoms. The article suggests that literature concerning the political legitimacy of judicial policy-making is minimally relevant, since a broad form of judicial review appears to be well established in Charter jurisprudence. The literature on institutional de…
Institutional Design and the Politics of Constitutional Modification
This article examines the recent failure of formal constitutional amendments in the United States and Canada by closely analyzing the institutional environment in which constitutional modification takes place. I focus first on the instrumental objectives of constitutional reform to develop an institutional design model of constitutional modification and identify the structural factors that affect the level of controversy generated by proposed ame…
Appropriate and Just in the Circumstances
The political value of rights depends on the availability of effective instruments for remedying violations of those rights. Recognizing this, the authors of the Canadian Charter of Rights and Freedoms provided courts with three remedial alternatives for enforcing its provisions. Focusing on section 24(1) of the Charter, which permits courts to impose any remedy they consider “appropriate and just in the circumstances, ” this article assesses how…
Re Lavigne and Ontario Public Service Employees Union
Analysts studying the political impact of the Charter of Rights and Freedoms have tended to focus on the role of the Supreme Court of Canada and on the formulation of remedies for Charter violations under s. 52(1) of the Constitution Act, 1982 (judicial nullification) and s. 24(2) of the Charter (exclusion of evidence). Without denying the importance of the Supreme Court, or the impact of nullification and exclusion of evidence, it is important t…
Human Dignity and the Psychology of Interrogation in Miranda v. Arizona
Miranda v. Arizona , holding confessions obtained during police interrogation inadmissable unless preceded by a full and specific disclosure of a suspect's rights, is perhaps the best known U.S. Supreme Court decision on due process. The decision was built on the twin pillars of human dignity and free will. The Court determined that the intent of the Fifth Amendment is to protect human dignity, and argued that dignity is jeopardized by state acti…
Judicial Discretion and Fundamental Justice
On August 22, 1991 the Supreme Court of Canada delivered its judgment in R. v. Seaboyer.1 At issue was the constitutionality of Criminal Code provisions limiting a defendant's ability to introduce evidence about a complainant's previous sexual activity or reputation in trials for sexual assault. Writing for a seven-justice majority, Justice Beverly McLachlin declared that the prohibition against the admission of sexual activity evidence infringed…
Human Dignity and the Psychology of Interrogation in Miranda v. Arizona
Miranda v. Arizona , holding confessions obtained during police interrogation inadmissable unless preceded by a full and specific disclosure of a suspect's rights, is perhaps the best known U.S. Supreme Court decision on due process. The decision was built on the twin pillars of human dignity and free will. The Court determined that the intent of the Fifth Amendment is to protect human dignity, and argued that dignity is jeopardized by state acti…
Adjudication, Policy-Making and the Supreme Court of Canada
This article explores the relevance of studies of judicial policy-making in the United States to the decision-making of the Supreme Court of Canada under the Canadian Charter of Rights and Freedoms. The article suggests that literature concerning the political legitimacy of judicial policy-making is minimally relevant, since a broad form of judicial review appears to be well established in Charter jurisprudence. The literature on institutional de…
Fundamental Justice in the Supreme Court of Canada
Journal Article Fundamental Justice in the Supreme Court of Canada: Decisions Under Section 7 of the Charter of Rights and Freedoms, 1984-1988 Get access Christopher P. Manfredi Christopher P. Manfredi 1Christopher P. Manfredi is Assistant Professor and Canada Research Fellow, Department of Political Science, McGill University. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume…
The Use of United States Decisions by the Supreme Court of Canada Under the Charter of Rights and Freedoms
The adoption of the Canadian Charter of Rights and Freedoms has generated considerable interest among legal commentators who question the potential impact of United States civil rights jurisprudence on Charter adjudication. This article offers a preliminary analysis of the impact of US constitutional law generally, and civil rights jurisprudence in particular, on Charter adjudication in the Supreme Court of Canada between 1984 and 1988. Focussing…
The Young Offenders Act and Juvenile Justice in the United States
Recent proposals to reform the Young Offenders Act have sought to address the difficult question of the proper response to youth who commit especially serious offences. This article evaluates these proposals from the perspective or recent developments in US juvenile justice policy that have also been designed to meet serious and chronic youth criminality. The article suggests that a series of US state legislative reforms, in which individual resp…
Re Lavigne and Ontario Public Service Employees Union
Analysts studying the political impact of the Charter of Rights and Freedoms have tended to focus on the role of the Supreme Court of Canada and on the formulation of remedies for Charter violations under s. 52(1) of the Constitution Act, 1982 (judicial nullification) and s. 24(2) of the Charter (exclusion of evidence). Without denying the importance of the Supreme Court, or the impact of nullification and exclusion of evidence, it is important t…
The Canadian Supreme Court and American Judicial Review
The constitutional entrenchment of the Canadian Charter of Rights and Freedoms in 1982 produced several commentaries comparing it to the United States Bill of Rights and speculating about the impact of American civil rights jurisprudence on Charter adjudication.' While some Canadian commentators enthusiastically welcomed the infusion of American constitutional jurisprudence into Canadian law,2 others feared that uncritical acceptance of American …
Appropriate and Just in the Circumstances
The political value of rights depends on the availability of effective instruments for remedying violations of those rights. Recognizing this, the authors of the Canadian Charter of Rights and Freedoms provided courts with three remedial alternatives for enforcing its provisions. Focusing on section 24(1) of the Charter, which permits courts to impose any remedy they consider “appropriate and just in the circumstances, ” this article assesses how…
Institutional Design and the Politics of Constitutional Modification
This article examines the recent failure of formal constitutional amendments in the United States and Canada by closely analyzing the institutional environment in which constitutional modification takes place. I focus first on the instrumental objectives of constitutional reform to develop an institutional design model of constitutional modification and identify the structural factors that affect the level of controversy generated by proposed ame…
Judicial Review and Criminal Disenfranchisement in the United States and Canada
Courts in both the United States and Canada have been forced to consider the constitutionality of laws disenfranchising convicted offenders. Despite similar legal traditions, courts in the two countries have reached diametrically opposed results, with the U.S. Supreme Court upholding broad state power to disenfranchise offenders and Canadian courts rejecting progressively less severe restrictions on offenders' right to vote. Using these decisions…
The Supreme Court and Juvenile Justice
Journal Article The Supreme Court and Juvenile Justice. By Christopher P. Manfredi. (Lawrence: University Press of Kansas, 1998. xvi, 256 pp. $35.00, ISBN 0-7006-0851-6.) Get access Jack M. Holl Jack M. Holl Kansas State University, Manhattan, Kansas Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 85, Issue 3, December 1998, Pages 1164–1165, https://doi.org/10.2307/2567364 Published: 01…
The Supreme Court and Juvenile Justice
Journal Article The Supreme Court and Juvenile Justice Get access Manfredi Christopher P., The Supreme Court and Juvenile Justice. Lawrence: University Press of Kansas, 1997. xv, 256pp. $35.00. Gary A. Debele Gary A. Debele Minneapolis, Minnesota Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 42, Issue 3, July 1998, Pages 343–344, https://doi.org/10.2307/846211 Published: 01 July…
Why do Formal Amendments Fail
Given the increasing importance of constitutional modification in Eastern Europe, Latin America, South Africa, Europe, and Australia, it is imperative to study systemically the conditions under which formal constitutional amendments are likely to fail. In this paper, the authors isolate conditions whereby the instrumental objectives of participants in the politics of constitutional modification threaten to overload the institutional capacity of t…
Judicial Discretion and Fundamental Justice
On August 22, 1991 the Supreme Court of Canada delivered its judgment in R. v. Seaboyer.1 At issue was the constitutionality of Criminal Code provisions limiting a defendant's ability to introduce evidence about a complainant's previous sexual activity or reputation in trials for sexual assault. Writing for a seven-justice majority, Justice Beverly McLachlin declared that the prohibition against the admission of sexual activity evidence infringed…
Expressive Freedom and Tobacco Advertising
In 1989, Canada enacted the Tobacco Products Control Act (TPCA), which prohibited tobacco advertising, required health warnings on tobacco packaging, and restricted promotional activities. Canada's tobacco companies challenged the TPCA's constitutionality, arguing that it infringed on freedom of expression. Although it seemed likely that the Canadian Supreme Court would uphold the legislation, in 1995 the court declared the impugned provisions to…
Contested Constitutionalism
Law (16 works) · Political science (16 works) · Supreme court (12 works) · Law (11 works) · Judicial and Constitutional Studies (10 works) · Criminal Law and Evidence (9 works) · Sociology (9 works) · Politics (8 works) · Charter (7 works) · Economic Justice (5 works)