scholarly journals Addressing the Senate’s “Triple-Deficit”: The Senate as Driver of its own Reform

2015 ◽  
Vol 24 (2) ◽  
Author(s):  
Adam Dodek
Keyword(s):  
Public Participation ◽  
Supreme Court ◽  
Public Institutions ◽  
Democratic Deficit ◽  
Democratic Institutions ◽  
The People ◽  
Legal Foundation ◽  
The Supreme Court ◽  
Obvious Reason ◽  
History Of

Instead of arguing for or against a “Triple-E” Senate, I argue that, whatever one’s position on the Senate (short of abolition), the Senate suffers from a “Triple Deficit”: (1) an integrity deficit; (2) a legitimacy deficit; and (3) a democratic deficit. It suffers from an integrity deficit because of the reputation that the Senate has for not being a particular demanding job, and, more importantly, because of recent scandals that are a continuation of a history of scandal which the Senate has never taken concrete steps to address. The Senate suff ers from a legitimacy deficit because of the integrity deficit and because of its history of patronage appointments. Finally, it suffers from a democratic deficit for more than the obvious reason that it is unelected. As the Supreme Court stated in the Quebec Secession Reference, democracy as it has come to be understood in Canada means more than simply respect for majority will: “to be accorded legitimacy, democratic institutions must rest, ultimately, on a legal foundation.  That is, they must allow for the participation of, and accountability to, the people, through public institutions created under the Constitution.  The system must be capable of refl ecting theaspirations of the people.” Rather than allowing for public participation and accountability, the Senate has allowed itself to become isolated from the Canadian people. This sense of isolation has exacerbated the Senate’s democratic deficit and has led Canadians to view it as distant, elitist, andout of touch with the people.

“Acting Directly on the People”

2019 ◽  
pp. 142-155
Author(s):  
David S. Schwartz
Keyword(s):  
Civil War ◽  
Supreme Court ◽  
Race Relations ◽  
Legal Tender ◽  
Interstate Commerce ◽  
Paper Money ◽  
Legislative Authority ◽  
The People ◽  
The Supreme Court ◽  
History Of

Post–Civil War nationalism meant a partial but significant reversion to prewar constitutionalism, recognizing federal legislative authority over “every foot of American soil” and implementing the antebellum Whig-nationalist economic agenda, but allowing states to retain, or regain control over race relations. The Supreme Court upheld the constitutionality of internal improvements, but declined to embrace implied commerce powers, suggesting instead (as in Gibbons v. Ogden) that the question involved the definition of interstate commerce as an enumerated power. The Court seemed to want to confine McCulloch v. Maryland to taxation, banking, and currency matters. The Legal Tender Cases, which relied on McCulloch to uphold the federal power to issue paper money, were a watershed in the history of implied powers, and were recognized as such at the time by many commentators. Yet the Supreme Court over the ensuing decade and a half seemed unwilling to follow through on McCulloch’s full implications.

Constitutionalizing Public Participation in Kenya

2018 ◽  
pp. 189-216
Author(s):  
Jill Cottrell
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Supreme Court ◽  
National Level ◽  
Active Form ◽  
Preliminary Assessment ◽  
Public Input ◽  
The Supreme Court ◽  
History Of ◽  
Decision Making Processes

Examining the Constitution of Kenya 2010, the chapter picks up its concept of public participation in decision-making and a more active form of democracy than simply voting once in five years. In Kenya, Parliament and other legislatures, as well as executive bodies and the judiciary’s administration regularly invite public input into their decision-making processes. The courts have held some legislation, though not at the national level, invalid for want of adequate participation, while the Supreme Court, rather the chief justice, has set out principles of participation in a major judgment. The chapter traces the rationale and the history of this development, and attempts a preliminary assessment of its impact on Kenyan democracy. Suggestions are also made for making public participation more effective.

scholarly journals Clerking at the Supreme Court of Canada

1994 ◽  
Vol 33 (1) ◽  
pp. 58 ◽  
Author(s):  
Mitchell McInnes ◽  
Janet Bolton ◽  
Natalie Derzko
Keyword(s):  
Supreme Court ◽  
Coming Of Age ◽  
Supreme Court Of Canada ◽  
Judicial Process ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Law ◽  
Using Data ◽  
Law Clerks

This article takes an in-depth look at the law clerks and the role they play at the Supreme Court of Canada. Such an examination both informs prospective clerks on the nature of the position and promotes a better general understanding of how the judicial process operates at this level. The authors begin their analysis by looking at the history of the law clerks at the Supreme Court. Although the functions of the clerks have changed little since their introduction in 1968, the clerkship program has evolved with a changing Supreme Court, contributing to the institutions "coming of age." The authors then shift their attention to examining the present clerkship program. The article first reveals the manner in which the clerks are selected by the Court. Using data collected by a questionnaire sent to clerks of the 1991-93 terms, the authors also attempt to convey, in a general way, some sense of the people who have served at the Court in recent years. Next, the major functions performed by the clerks are described. While the clerks do have a great deal of responsibility, the authors dispel much of the criticism directed at United States Supreme Court clerks by stating that the law clerks at the Supreme Court of Canada do not have an improper degree of authority. The authors conclude that the clerking experience benefits both the clerks themselves and the procedures of the Court. As such, the law clerks are an entrenched and indispensable part of the judicial process at the Supreme Court of Canada.

scholarly journals “HEARING THE PEOPLE ON THE STREET” TESTING THE EXTENT OF PUBLIC PARTICIPATION IN DURBAN’S STREETRENAMING PROCESS Democratic Alliance v eThekwini Municipality [2012] 1 All SA 412 (SCA); 2012 (2) SA 151 (SCA)

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Vishal Surbun
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Audience Response ◽  
Public Response ◽  
The Public ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Republic ◽  
Media Reports

Section 152(1)(e) of the Constitution of the Republic of South Africa, 1996, provides that one of the objectives of local government is “to encourage the involvement of communities and community organizations in local government”. This objective is further entrenched in section 16 of the Municipal Systems Act 32 of 2000, which requires that municipalities must develop a culture of participation by the community, and create mechanisms, processes and procedures accordingly. These obligations gave rise to a number of interesting questions. One of these is whether the local sphere of government is obliged to facilitate public participation in its legislative andexecutive functions. This issue was considered by the Supreme Court of Appeal (SCA) in Democratic Alliance v eThekwini Municipality (2012 (2) SA 151 (SCA)). In this case, the SCA had to decide whether two decisions taken by the eThekwini Municipality to rename certain streets in Durban were, first, lawful and second, rational. Before turning to consider the facts of this case, however, it is important to note that the renaming of streets figures prominently in periods of regime change and revolutionary transformations.The process of street renaming in Durban prompted a large public response locally. The local newspaper, The Mercury, published a series of media reports and letters from the public on the renaming process. A researcher who interviewed its journalists, established that the changing of street names resulted in the biggest audience response ever experienced in the more than 150-year history of the newspaper.

scholarly journals A New Dawn? Statelessness and Assam

2019 ◽  
Vol 7 (1) ◽  
pp. 99-111
Author(s):  
Regina Menachery Paulose
Keyword(s):  
Supreme Court ◽  
Robust Solutions ◽  
Refugee Law ◽  
Supreme Court Of India ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Government ◽  
International Refugee Law

This article explores the ongoing crisis of statelessness that has been created because of a petition made by the people of Assam, India to update the electoral rolls in the state. As a result of the process, which has been approved by the Supreme Court of India, an estimated 4 million people have become stateless. The government has stated that these 4 million people risk deportation back to Bangladesh. This article will briefly examine the history of the situation that has unfolded in Assam; discuss the role of statelessness and how it may lead to genocide, underscoring the importance to act and find robust solutions. Finally, the author will conclude by discussing potential actions that India should take in order to resolve future cases of statelessness, specifically examining the Global Compact on Refugees and other instruments provided for within international refugee law. 

Video as Text/Archive

2019 ◽  
pp. 778-797
Author(s):  
Bennett Capers
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
The Supreme Court ◽  
Surveillance Cameras ◽  
American Law ◽  
Supreme Court Case ◽  
History Of ◽  
Constitutional Protections

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.

Roe v. Wade and the History of Abortion Regulation

1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton
Keyword(s):  
Supreme Court ◽  
Personal Privacy ◽  
Personal Liberty ◽  
Personal Rights ◽  
The Supreme Court ◽  
Right Of Privacy ◽  
History Of ◽  
The Right Of Privacy ◽  
The Right ◽  
Roe V Wade

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”

The tenure of English judges

1913 ◽  
Vol 7 (2) ◽  
pp. 217-229 ◽  
Author(s):  
C. H. McIlwain
Keyword(s):  
Supreme Court ◽  
Political Science ◽  
Theory And Practice ◽  
The Political ◽  
The Supreme Court ◽  
History Of ◽  
The Subject ◽  
General Object ◽  
William Iii ◽  
Science Association

At the meeting of the Political Science Association last year, in the general discussion, on the subject of the recall, I was surprised and I must admit, a little shocked to hear our recall of judges compared to the English removal of judges on address of the houses of parliament.If we must compare unlike things, rather than place the recall beside the theory or the practice of the joint address, I should even prefer to compare it to a bill of attainder.In history, theory and practice the recall as we have it and the English removal by joint address have hardly anything in common, save the same general object.Though I may not (as I do not) believe in the recall of judges, this paper concerns itself not at all with that opinion, but only with the history and nature of the tenure of English judges, particularly as affected by the possibility of removal on address. I believe a study of that history will show that any attempt to force the address into a close resemblance to the recall, whether for the purpose of furthering or of discrediting the latter, is utterly misleading.In the history of the tenure of English judges the act of 12 and 13 William III, subsequently known as the Act of Settlement, is the greatest landmark. The history of the tenure naturally divides into two parts at the year 1711. In dealing with both parts, for the sake of brevity, I shall confine myself strictly to the judges who compose what since 1873 has been known as the supreme court of judicature.

Sign in / Sign up

Export Citation Format

Share Document