Download or read book Les Interactions de la Charte des Droits et Libert s de la Personne Avec le Code Civil du Qu bec written by Mélanie Samson and published by . This book was released on 2013 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Au Québec, les rapports qui relèvent du droit privé sont régis par deux lois dites "fondamentales" : la Charte des droits et libertés de la personne et le Code civil du Québec. Puisque la Charte québécoise et le Code civil sont tous deux susceptibles de trouver application en matière de droits de la personne, leurs interactions sont inévitables. La Disposition préliminaire du Code civil du Québec précise d'ailleurs que c'est "en harmonie" avec la Charte des droits et libertés de la personne et les principes généraux du droit que le Code régit les personnes, les rapports entre les personnes, ainsi que les biens. Notre thèse porte spécifiquement sur cette "harmonie" affirmée par le législateur dans la Disposition préliminaire du Code civil. Alors que l'harmonisation du Code civil du Québec avec la Charte des droits et libertés de la personne devrait en principe assurer une protection optimale des droits et libertés de la personne, l'analyse de la jurisprudence permet de constater que les interactions de ces deux lois se traduisent généralement par une assimilation, voire une inféodation, des règles de la Charte québécoise à celles du droit civil. Cette même analyse révèle que le recours au Code civil pour justifier parfois une interprétation étroite des garanties offertes par la Charte québécoise n'est pas seulement le résultat d'une mauvaise compréhension de l'articulation des sources fondamentales du droit québécois; c'est aussi le symptôme d'un profond malaise entourant le travail du juge à titre d'interprète des lois. La transposition mécanique, sans adaptation, des valeurs, des règles et des principes du droit civil dans le contexte de l'interprétation de la Charte québécoise paraît en effet être une façon pour les tribunaux de nier ou, à tout le moins, de camoufler la complexité et le caractère intrinsèquement productif de leur travail d'interprétation. Dans ces circonstances, il nous semble qu'un changement de paradigme interprétatif sera nécessaire pour qu'une véritable harmonisation de la Charte des droits et libertés de la personne et du Code civil du Québec devienne réalité. En nous inspirant des travaux du professeur Friedrich Muller, nous suggérons que seul l'avènement d'une conception interprétative plus dynamique, plus créative et plus réaliste permettra une harmonisation réussie du Code civil du Québec avec la Charte des droits et libertés de la personne et, du même coup, une protection optimale des droits et libertés de la personne.
Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.
Download or read book Building the Future a Time for Reconciliation written by Gérard Bouchard and published by . This book was released on 2008 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report was inspired by a search for balance and fairness, in a spirit of compromise. It includes the mandate of the Commission on Accommodation Practices Related to Cultural Differences. The report reflects Québec's sociocultural development in recent years, elaborates recommendations in respect of Québec overall, emphasizes citizen action, takes into account Québecers' societal choices, pays close attention to Québecers' suggestions and proposals, allows for the public expression of differences, and emphasizes integration in a spirit of equality and reciprocity.
Download or read book Murder Manslaughter and Infanticide written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-11-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Download or read book Ghost Brothers written by Rony Blum and published by McGill-Queen's Press - MQUP. This book was released on 2005 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rony Blum explores how "phantom-mediated" interpretations of the past and present were key to the uniquely successful relationship that developed between French settlers and Natives in the Americas."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book Handbook of Human Dignity in Europe written by Paolo Becchi and published by Springer. This book was released on 2019-05-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept.
Download or read book Decisions Rendered Between written by United States Board on Geographical Names and published by . This book was released on with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Criminological Issues written by Carolyn Côté-Lussier and published by University of Ottawa Press. This book was released on 2020-05-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Criminological Issues tackles some of today’s most pressing social issues, from the criminalization of Indigenous peoples to interpersonal violence, border control, and armed conflicts. This book advances cutting-edge theories and methods, with the aim of moving beyond the scholarship that reproduces insecurity and exclusion. The breadth of approaches encompasses much of the current critical criminological scholarship, serving as a counterpoint to the growth of managerial and administrative criminologies and the rise of explicitly exclusionary and punitive state policies and practices with respect to ‘crime’ and ‘security.’ This edited collection featuring two books, one in English and one in French, includes important contributions to knowledge and public policy by eminent experts and emerging scholars. This book is published in English.
Download or read book Interculturalism written by Gérard Bouchard and published by University of Toronto Press. This book was released on 2015-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of Quebec's leading public intellectuals and the co-chair of the Bouchard-Taylor Commission on reasonable accommodation,Interculturalism is the first clear and comprehensive statement in English of the intercultural approach to managing diversity.
Download or read book Environmental Code of Practice for Metal Mines written by Canada. Environment Canada and published by . This book was released on 2009 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes operational activities and associated environmental concerns of this industrial sector. The document applies to the complete life cycle of mining, from exploration to mine closure, and environmental management practices are recommended to mitigate the identified environmental concerns. The recommended practices in the Code include the development and implementation of environmental management tools, the management of wastewater and mining wastes, and the prevention and control of environmental releases to air, water and land. The Code of Practice will be adopted by Environment Canada and others as a guidance document that recommends environmental protection practices for the mine life cycle. The Code applies specifically to metal mines but will provide useful guidance for all sectors of the mining industry.
Download or read book French Language Policies and the Revitalisation of Regional Languages in the 21st Century written by Michelle A. Harrison and published by Springer. This book was released on 2018-11-11 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents an analysis of the evolution of French language policies and their impact on French regional languages and their communities. It gathers studies on language revitalisation from several territorial minority languages (Breton, Alsatian, Catalan, Occitan, Basque, Corsican, Francoprovençal, Picard, Reunionese) and evaluates the challenges and opportunities that they face in the 21st century. The chapters tackle different aspects of language endangerment and language planning and adopt varied theoretical and methodological approaches. The first section of the book reconsiders the difficulties in establishing linguistic boundaries and classification for some regional languages. The second section examines the important theme of the new generation of speakers with issues of transmission and identity formation and the changes they can bring to traditional communities. The third section highlights new developments in the context of new technologies and the heightened visibility of regional languages. Finally, the last section presents an overview of the contemporary situation of minority language revitalisation in France and synthesises the key trends identified in this volume: from the educational domain to the European Charter for Minority and Regional languages. This book will appeal to students and scholars of the sociology of language, sociolinguistics, language policy, minority languages and language endangerment.
Download or read book The Creation of States in International Law written by James Crawford and published by Oxford University Press. This book was released on 2006 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Download or read book Linguistic Diversity in Canadian Society written by Regna Darnell and published by Linguistic Research. This book was released on 1971 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of the Charter written by Dale Gibson and published by Carswell Legal Publications. This book was released on 1986 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Common Laws written by H. Patrick Glenn and published by Oxford University Press on Demand. This book was released on 2007 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of common law has been one of the most important conceptual instruments of the western legal tradition, but it has been neglected by legal theory and legal history for the last two centuries. There were many common laws in Europe, including what is known in English as the common law, yet they have never previously been studied as a general phenomenon. Until the nineteenth century, the common laws of Europe lived in constant interaction with the particular laws which prevailedin their territories, and with one another. Common law was the main instrument of conciliation of laws which were drawn from different sources, though applicable on a given territory. Claims of universality could be, and were, reconciled with claims of particularity. Nineteenth and twentieth century legal theory taught that law was the exclusive product of the state, yet common laws continued to function on a world-wide basis throughout the entire period of legal nationalism. As national legal exclusivity is increasingly challenged by the process of globalization, the concept of common law can be looked to once again as a means of conceptualisation and justification of law beyond the state, while still supporting state and other local forms of normativity.
Download or read book OOSTERHOFF ON TRUSTS written by ROBERT. CHAMBERS and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Droit Public written by Paul Viollet and published by . This book was released on 1903 with total page 1226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
