Download or read book The Protection of Minorities written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 1994-01-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims to make the Venice Commission's work in the field of protection of minorities more available to the public. It includes, on the one hand, the Proposal for a European Convention on the protection of minorities, as a reply to the heartfelt need for protection of minorities at the European level. The proposal and its explanatory report appear in the first chapter of the publication. This publication includes, in addition, firstly the report on the protection of minorities at domestic law level which was drawn up within the framework of the Venice Commission and secondly the report concerning the special protection of which minorities can take advantage in States with a Federal or Regional structure. The report in question was established on the basis of replies provided by representatives of several European and non-European States to a questionnaire drawn up by the Commission; the questionnaire, together with the replies, appears in an Appendix to the report. Perusal of the replies given by representatives of different States to the same question allows for a rapid appraisal of the solutions adopted in national laws to identical problems of protection of minorities. The European Commission for Democracy through Law considers the question of the protection of minorities to be one of the most important fields of its activity. (Adapted from.

Download or read book Federalism and the Charter written by Peter H. Russell and published by McGill-Queen's Press - MQUP. This book was released on 1989 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensive revision of the landmark Leading Constitutional Decisions brings together recent Charter cases with the classical cases on the Canadian Constitution. An introductory essay traces the evolution and distinctive features of judicial review in Canada and includes references to the Constitution Act, 1982, and the important changes resulting from it.

Download or read book Local Self government Territorial Integrity and Protection of Minorities written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 1996-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Herzegovina: by Mr Joseph MARKO

Download or read book Canada the State of the Federation 1985 written by Peter M. Leslie and published by IIGR, Queen's University. This book was released on 1985 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Notwithstanding Clause and the Canadian Charter written by Peter L. Biro and published by McGill-Queen's Press - MQUP. This book was released on 2024-04-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens’ recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada. The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.

Download or read book The Courts the Charter and the Schools written by Michael Manley-Casimir and published by University of Toronto Press. This book was released on 2010-01-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court. The contributors consider the influence that Charter cases have had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. Demonstrating why and how the Charter was invoked, interpreted, and applied in each of these cases, this volume also highlights the resulting consequences for Canada's public schools. An illuminating collection of essays by prominent legal scholars and educational commentators, The Courts, the Charter, and the Schools is a significant contribution to the study of educational law and policy in Canada.

Download or read book Acts and Resolutions of the General Assembly of the State of Georgia written by Georgia and published by . This book was released on 1914 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Identity Captured by Law written by Sébastien Grammond and published by McGill-Queen's Press - MQUP. This book was released on 2009-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Identity Captured by Law, Sébastien Grammond explains how minority rights make identity legally relevant, providing a detailed account of struggles that have been fought concerning Indian status and admission to minority-language schools. Setting his analysis of the law in the wider interdisciplinary context of anthropology and political theory, Grammond assesses whether a group's membership rules are an accurate reflection of their ethnicity and are based on sound justifications of minority rights. He argues that membership rules do not violate equality rights if there is sufficient correspondence between the legal criteria that determine membership and the group's own cultural or relational conceptions of their ethnic identity. Comprehensive, interdisciplinary, and original in its comparison of indigenous peoples and linguistic minorities, Identity Captured by Law is an invaluable resource for legal and political scholars and students, as well as anyone interested in the controversies surrounding the legal recognition of identity.

Download or read book Images of a Constitution written by William E. Conklin and published by Taylor & Francis. This book was released on 2024-07-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1989, in this remarkable conjunction of constitutional theory, jurisprudence, literary theory, constitutional law, and political theory, William Conklin first tells us what a constitution is not: it is not a text, nor a compendium of judicial and legislative decisions interpreting a text, nor a set of doctrines, nor moral/political values, nor customs, nor a priori conceptions. A constitution, he argues, is an image which exists through the legal consciousness of a community. Using a wide range of Canadian judicial decisions as examples, Conklin shows that the classic cases have been those where the boundaries of two conflicting images clashed. In each instance, the subject-matter itself collapses into a search for a coherent image of what a constitution is all about. The dominant image of a constitution in Canadian judicial discourse has been a rationalist one emanating from the Enlightenment understanding of knowledge. Turning to academic writings on Canadian federalism law, Conklin goes on to identify clearly the boundaries of three versions of rationalism, and to show that Canadian scholars have shared with judges the dominant image of rationalism. In the third part of his essay, the author makes a prescriptive claim, namely that a text such as the Canadian Charter of Rights and Freedoms arguably raises issues which the rationalist image of a constitution precludes as legitimate inquiries. He identifies a further general image of a constitution in Canadian legal discourse, a teleological one which is rooted in the writings and judgments of Ivan Rand. Finally, he uses the contours of the Rand image to work out a further image of constitution, an image that allows lawyers to entertain issues of both theory and social/cultural practice, thereby placing them in a position to alleviate the pain and suffering of those in need.

Download or read book The Journal of the Assembly During the Session of the Legislature of the State of California written by California. Legislature. Assembly and published by . This book was released on 1905 with total page 2080 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Download or read book Canada the State of the Federation 1994 written by Douglas M. Brown and published by IIGR, Queen's University. This book was released on 1994-04 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Professional Ethics and Law in Education written by Bruce Maxwell and published by Canadian Scholars. This book was released on 2022-12-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed as a guide for pre-service education students and in-service teachers, Professional Ethics and Law in Education: A Canadian Guidebook provides an accessible and accurate source of information on the ethical and legal frameworks of the teaching profession while encouraging the examination of fundamental issues that underpin key debates in Canadian schooling and education. Divided into four sections, this guidebook is grounded in the idea that teacher professionalism requires a solid understanding of the ethical and legal expectations that society has of teachers. Written for both the student and the professional, this text is an essential companion to both aspiring and active teachers. It provides clear guidance on how to navigate the complex regulatory framework of contemporary teaching while highlighting the indispensable contribution that individual judgment and shared values make to thoughtful, informed, and well-reasoned decision making in teaching, making it necessary reading for educators in Canada. FEATURES: - Each chapter includes an introduction, a list of chapter objectives and highlights, and review questions - Contains supplementary readings, additional resources, and websites for further exploration and information - Connects theory to practice through consideration of federal and provincial legal statutes, case studies, jurisprudence, and codes of professional conduct

Download or read book The Journal of the Senate During the Session of the Legislature of the State of California written by California. Legislature. Senate and published by . This book was released on 1905 with total page 1658 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Human Rights and Social Technology written by R. Knopff and published by McGill-Queen's Press - MQUP. This book was released on 1989-05-31 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this controversial critical analysis of Canada's anti-discrimination policy, the author addresses doubts

Download or read book The Texas criminal reports written by and published by . This book was released on 1918 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.