The Principles Of The Rule Of Law And Charkaoui V Canada Citizenship And Immigration
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Author | : Alexander D. Schwartz |
Publisher | : |
Total Pages | : 190 |
Release | : 2007 |
Genre | : Charkaoui v. Canada (Citizenship and Immigration) |
ISBN | : 9780494812228 |
This thesis attempts a detailed analysis of the Supreme Court of Canada's recent decision in Charkaoui v. Canada (Citizenship and Immigration) , looking specifically at how unwritten constitutional principles can make a difference in cases that address the tension between constitutional norms and the exceptional demands of counter-terrorism law. I attempt to demonstrate how unwritten constitutional principles of the rule of law can inform our understanding of the flexibility of procedural rights and the substantive values that must be preserved, while giving courts a framework for responding to government attempts at subverting these norms in the name of national security. Nevertheless, I argue that the legitimacy of unwritten constitutional principles depends on a relatively restrained approach that seeks to elicit the content of these principles from within the legal tradition itself, eschewing freestanding or transcendental moral argument.
Author | : Se-shauna Wheatle |
Publisher | : Bloomsbury Publishing |
Total Pages | : 251 |
Release | : 2017-04-20 |
Genre | : Law |
ISBN | : 178225983X |
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Author | : Colleen Bell |
Publisher | : UBC Press |
Total Pages | : 218 |
Release | : 2011-04-20 |
Genre | : Political Science |
ISBN | : 0774818271 |
Post-9/11 security measures have sparked fears that the West is violating the very civil rights it strives to protect. Debates centre on the United States, but how have the politics of security influenced the commitment to freedom in other liberal democracies? Addressing security certificates to the war in Afghanistan to the detainment of Abdullah Almalki, Colleen Bell's wide-ranging analysis demonstrates that Canada's counter-terrorism practices are not a departure from liberal governance but rather a reconfiguration of its structures with an emphasis on security. She traces how the logic and practices of security are increasingly coming to define our rights and freedoms.
Author | : Trevor C.W. Farrow |
Publisher | : University of Toronto Press |
Total Pages | : 396 |
Release | : 2014-01-01 |
Genre | : Law |
ISBN | : 1442645784 |
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Author | : Lyndon Ronald Maither, the short quiet one |
Publisher | : Lyndon Maither |
Total Pages | : 263 |
Release | : |
Genre | : Antiques & Collectibles |
ISBN | : |
...psst, I got a book for you to read... You have to be a shy stalker already to write this. It's recommended that you read my other first 2 books on tax law first. If you can handle them, then you'll become proficient with this. Handle them first: https://www.youtube.com/watch?v=LerwIYmNFXY Yup, that's all I do is think all day.
Author | : T. Kirchengast |
Publisher | : Springer |
Total Pages | : 264 |
Release | : 2010-10-13 |
Genre | : Social Science |
ISBN | : 0230305563 |
This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.
Author | : Robert Leckey |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2015-05-05 |
Genre | : Law |
ISBN | : 1316298728 |
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy.
Author | : Andrew S. Thompson |
Publisher | : UBC Press |
Total Pages | : 227 |
Release | : 2010-09-09 |
Genre | : Law |
ISBN | : 0774859636 |
Since 9/11 and the onset of the "war on terror," the principal challenge confronting liberal democracies has been to balance freedom with security and individual with collective rights. This book sheds new light on the evolution of human rights norms in liberal democracies by charting the activism of four Canadian NGOs on issues of refugee rights, hate speech, and the death penalty, including their use of difficult, often controversial legal cases as platforms to assert human rights principles and shape judicial policy-making. The struggles of these NGOs reveal not only the fragility but also the resilience of ideas about rights in liberal democracies.
Author | : Ryan Alford |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 230 |
Release | : 2020-05-21 |
Genre | : Political Science |
ISBN | : 0228002230 |
For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.
Author | : Liora Lazarus |
Publisher | : Bloomsbury Publishing |
Total Pages | : 434 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1849468141 |
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.