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 | : 217 |
| Release | : 2011-05-16 |
| Genre | : Political Science |
| ISBN | : 0774859946 |
From Guantánamo Bay to the war in Iraq, post-9/11 security measures have sparked fears that the West is violating the very civil rights and freedoms it claims to protect. This debate is focused on the United States, but how have the politics of security influenced the commitment to freedom in other liberal democracies? Colleen Bell argues that Canada’s counter-terrorism practices should not be framed as a departure from liberal governance in which freedom is traded for security but rather as a restructuring of modalities of governance through the framework of security. Addressing issues such as security certificates, the war in Afghanistan, and the detainment and torture of Abdullah Almalki in Syria, Bell demonstrates that security measures are not simply eroding civil liberties, they are also fundamentally reshaping ideas and practices of freedom. This trenchant examination of Canada’s “War on Terror” exposes how the logic and practices of security are increasingly coming to define our rights and freedoms.
| 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 | : Peter Crawford Oliver |
| Publisher | : Oxford University Press |
| Total Pages | : 1169 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0190664819 |
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.
| Author | : Canada |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1996 |
| Genre | : Civil rights |
| ISBN | : |
| 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 | : 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 | : Judith Farbey |
| Publisher | : Oxford University Press |
| Total Pages | : 311 |
| Release | : 2011-02-24 |
| Genre | : Law |
| ISBN | : 0199248249 |
Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.
| Author | : Ryan Alford |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 245 |
| 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.
