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 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 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 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 Statutes of California written by California and published by . This book was released on 1936 with total page 3484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Community Besieged written by Garth Stevenson and published by McGill-Queen's Press - MQUP. This book was released on 1999 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stevenson examines how these changes altered anglophone relations with the major political parties, as well as the role of newer entities such as Alliance Quebec and the Equality Party. He concludes with a look at the future for anglophones in Quebec.
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.
Download or read book Confronting Discrimination and Inequality in China written by Errol Mendes and published by University of Ottawa Press. This book was released on 2009-04-18 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronting Discrimination and Inequality in China focuses on the most challenging areas of discrimination and inequality in China, including discrimination faced by HIV/AIDS afflicted individuals, rural populations, migrant workers, women, people with disabilities, and ethnic minorities. The Canadian contributors offer rich regional, national, and international perspectives on how constitutions, laws, policies, and practices, both in Canada and in other parts of the world, battle discrimination and the conflicts that rise out of it. The Chinese contributors include some of the most independent-minded scholars and practitioners in China. Their assessments of the challenges facing China in the areas of discrimination and inequality not only attest to their personal courage and intellectual freedom but also add an important perspective on this emerging superpower.
Download or read book The Northwestern Reporter written by and published by . This book was released on 1921 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Annual Report of the Attorney General of the State of New York written by New York (State). Attorney General's Office and published by . This book was released on 1926 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes a section called Opinions of the Attorney General.
Download or read book Acts and Resolutions of the General Assembly written by and published by . This book was released on 1892 with total page 1106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative Document written by New York (State). Legislature and published by . This book was released on 1926 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of Human Rights in Canada written by Janet Miron and published by Canadian Scholars’ Press. This book was released on 2009 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights, equality, and social justice are at the forefront of public concern and political debate in Canada. Global events--especially the "war on terrorism"―have fostered further interest in the abuse of human rights, especially when sanctioned or perpetuated by democratic governments. This groundbreaking contributed volume seeks to shed light on this topic by uniting original essays that examine the history of human rights in Canada. Contributors explore a variety of themes integral to the post-confederation period, including immigration and ethnicity, gender, sexuality, class, disability, state formation, and provincial-federal relations. Three key issues emerge throughout: incidents of discrimination in both government and society, the efforts of human rights and civil liberties activists to create a more open and tolerant society, and the implementation of state legislation designed to protect or enhance civil rights.
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 Denton v Farmers Mutual Fire Insurance Co 120 MICH 690 1899 written by and published by . This book was released on with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
