James B Kelly
Biographic Data
| ID | 4373042 |
|---|---|
| NAME | James B Kelly |
| GIVEN NAMES | James B |
| FAMILY NAME | Kelly |
| SIGNATURE | KELLY J B |
| AFFILIATIONS | Concordia University |
| VERIFIED | No |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 23 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2017 |
| H-INDEX | 3 |
Criminal Justice Policy during the Harper Era
During the 2015 Maclean’s election debate, Stephen Harper commented, “we have more private member’s legislation that has gone through Parliament under this government than multiple governments before us.” This statement is borne out by empirical evidence: more private member’s bills (PMBs) have become law during Harper’s time in government, compared with most previous parliaments. However, PMBs are subject to less analysis than government bills a…
Judicial and political review as limited insurance
This article adapts Ginsburg's model of ‘judicial review as insurance policy’ to understand the functioning of the statutory New Zealand Bill of Rights Act (NZBORA) 1990 – a ‘parliamentary’ bill of rights that is principally insured through political rights review and marginally through judicial review. Arguing that judicial and political rights review has proven to be a less-than-adequate check on the introduction of incompatible legislation by …
A Difficult Dialogue
As a ‘third-wave’ Bill of Rights, the Victorian Charter of Human Rights and Responsibilities Act is premised on the twin goals of creating a ‘culture of rights’ within the bureaucracy and the emergence of a rights-based dialogue between Cabinet and the Parliament of Victoria through statements of compatibility. The first objective has been advanced through a revised policy process within the bureaucracy, but a dialogic engagement between Parliame…
Contested Constitutionalism
Court Government and the Collapse of Accountability in Canada and the United Kingdom, Donald J. Savoie, Toronto
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Governing with the Charter
Toward the Charter
Toward the Charter: Canadians and the Demand for a National Bill of Rights, 1929–1960, Christopher MacLennan, Montreal and Kingston: McGill-Queen's University Press, 2003, pp. xii, 234. This is an excellent and timely book, providing a review of the pivotal historical events and the actions of civil libertarians and parliamentarians that resulted in the statutory Canadian Bill of Rights in 1960. Indeed, the true value of this book is that it sugg…
Confronting Judicial Supremacy
Cet article étudie la relation entre le contrôle constitutionnel exercé par la Cour Suprême du Canada et la démocratie en analysant la jurisprudence portant sur les droits garantis par la Charte. Plus précisément, l'article vise à engager le débat avec un groupe influent d'universitaires, les interprétivistes canadiens, illustrés par les contributions scientifiques de F. L. Morton, Rainer Knopff et Christopher P. Manfredi. Contrairement aux inter…
Reconciling Rights and Federalism during Review of the Charter of Rights and Freedoms
This article considers the relationship between rights and federalism in the Supreme Court of Canada's review of cases invoking the Canadian Charter of Rights and Freedoms. It considers whether the Supreme Court of Canada has compromised provincial autonomy by establishing Canada-wide standards in provincial areas of jurisdiction. It suggests that the centralization thesis associated with judicial review on Charter grounds is inconclusive, and co…
Bureaucratic activism and the Charter of Rights and Freedoms
Scholarly works on the impact of the Charter of Rights and Freedoms have largely focused on judicial activism and its effect on the political executive's ability to advance its policy agenda. As such, these works have suggested that a vertical transfer of decision‐making authority from the parliamentary arena to the judicial arena has been the primary outcome of Charter review. This article considers the emergence of an alternative form of activi…
Bureaucratic activism and the Charter of Rights and Freedoms
Scholarly works on the impact of the Charter of Rights and Freedoms have largely focused on judicial activism and its effect on the political executive's ability to advance its policy agenda. As such, these works have suggested that a vertical transfer of decision‐making authority from the parliamentary arena to the judicial arena has been the primary outcome of Charter review. This article considers the emergence of an alternative form of activi…
Criminal Justice Policy during the Harper Era
During the 2015 Maclean’s election debate, Stephen Harper commented, “we have more private member’s legislation that has gone through Parliament under this government than multiple governments before us.” This statement is borne out by empirical evidence: more private member’s bills (PMBs) have become law during Harper’s time in government, compared with most previous parliaments. However, PMBs are subject to less analysis than government bills a…
Reconciling Rights and Federalism during Review of the Charter of Rights and Freedoms
This article considers the relationship between rights and federalism in the Supreme Court of Canada's review of cases invoking the Canadian Charter of Rights and Freedoms. It considers whether the Supreme Court of Canada has compromised provincial autonomy by establishing Canada-wide standards in provincial areas of jurisdiction. It suggests that the centralization thesis associated with judicial review on Charter grounds is inconclusive, and co…
Governing with the Charter
Confronting Judicial Supremacy
Cet article étudie la relation entre le contrôle constitutionnel exercé par la Cour Suprême du Canada et la démocratie en analysant la jurisprudence portant sur les droits garantis par la Charte. Plus précisément, l'article vise à engager le débat avec un groupe influent d'universitaires, les interprétivistes canadiens, illustrés par les contributions scientifiques de F. L. Morton, Rainer Knopff et Christopher P. Manfredi. Contrairement aux inter…
A Difficult Dialogue
As a ‘third-wave’ Bill of Rights, the Victorian Charter of Human Rights and Responsibilities Act is premised on the twin goals of creating a ‘culture of rights’ within the bureaucracy and the emergence of a rights-based dialogue between Cabinet and the Parliament of Victoria through statements of compatibility. The first objective has been advanced through a revised policy process within the bureaucracy, but a dialogic engagement between Parliame…
Bureaucratic activism and the Charter of Rights and Freedoms
Scholarly works on the impact of the Charter of Rights and Freedoms have largely focused on judicial activism and its effect on the political executive's ability to advance its policy agenda. As such, these works have suggested that a vertical transfer of decision‐making authority from the parliamentary arena to the judicial arena has been the primary outcome of Charter review. This article considers the emergence of an alternative form of activi…
Confronting Judicial Supremacy
Cet article étudie la relation entre le contrôle constitutionnel exercé par la Cour Suprême du Canada et la démocratie en analysant la jurisprudence portant sur les droits garantis par la Charte. Plus précisément, l'article vise à engager le débat avec un groupe influent d'universitaires, les interprétivistes canadiens, illustrés par les contributions scientifiques de F. L. Morton, Rainer Knopff et Christopher P. Manfredi. Contrairement aux inter…
Reconciling Rights and Federalism during Review of the Charter of Rights and Freedoms
This article considers the relationship between rights and federalism in the Supreme Court of Canada's review of cases invoking the Canadian Charter of Rights and Freedoms. It considers whether the Supreme Court of Canada has compromised provincial autonomy by establishing Canada-wide standards in provincial areas of jurisdiction. It suggests that the centralization thesis associated with judicial review on Charter grounds is inconclusive, and co…
Toward the Charter
Toward the Charter: Canadians and the Demand for a National Bill of Rights, 1929–1960, Christopher MacLennan, Montreal and Kingston: McGill-Queen's University Press, 2003, pp. xii, 234. This is an excellent and timely book, providing a review of the pivotal historical events and the actions of civil libertarians and parliamentarians that resulted in the statutory Canadian Bill of Rights in 1960. Indeed, the true value of this book is that it sugg…
Governing with the Charter
Court Government and the Collapse of Accountability in Canada and the United Kingdom, Donald J. Savoie, Toronto
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Contested Constitutionalism
Judicial and political review as limited insurance
This article adapts Ginsburg's model of ‘judicial review as insurance policy’ to understand the functioning of the statutory New Zealand Bill of Rights Act (NZBORA) 1990 – a ‘parliamentary’ bill of rights that is principally insured through political rights review and marginally through judicial review. Arguing that judicial and political rights review has proven to be a less-than-adequate check on the introduction of incompatible legislation by …
A Difficult Dialogue
As a ‘third-wave’ Bill of Rights, the Victorian Charter of Human Rights and Responsibilities Act is premised on the twin goals of creating a ‘culture of rights’ within the bureaucracy and the emergence of a rights-based dialogue between Cabinet and the Parliament of Victoria through statements of compatibility. The first objective has been advanced through a revised policy process within the bureaucracy, but a dialogic engagement between Parliame…
Criminal Justice Policy during the Harper Era
During the 2015 Maclean’s election debate, Stephen Harper commented, “we have more private member’s legislation that has gone through Parliament under this government than multiple governments before us.” This statement is borne out by empirical evidence: more private member’s bills (PMBs) have become law during Harper’s time in government, compared with most previous parliaments. However, PMBs are subject to less analysis than government bills a…
Law (10 works) · Political science (10 works) · Law (9 works) · Judicial and Constitutional Studies (8 works) · Criminal Law and Evidence (7 works) · Politics (7 works) · Sociology (6 works) · Charter (4 works) · Law and economics (4 works) · Bill of rights (3 works)