Hogg P.W., Bushell A.A. The Charter Dialogue Between Courts and Legislatures

формат pdf
размер 210.45 КБ
добавлен 01 ноября 2011 г.

Published by Osgoode Hall Law School, York University

This article responds to the argument that judicial
review of legislation under the Canadian Charter of
Rights and Freedoms is illegitimate because it is
undemocratic. The authors show that Charter cases
nearly always can be, and often are, followed by new
legislation that still accomplishes the same objectives as
the legislation that was struck down. The effect of the
Charter is rarely to block a legislative objective, but
rather to influence the design of implementing
legislation. Charter cases cause a public debate in
which Charter-protected rights have a more prominent
role than they would have if there had been no judicial
decision. The process is best regarded as a dialogue
between courts and legislatures.

Похожие разделы

Смотрите также

Etzioni, Amitai: The Normativity of Human Rights Is Self-Evident

Статья

формат pdf
размер 296.81 КБ
добавлен 19 декабря 2011 г.

Human Rights Quarterly Volume 32, Number 1, February 2010 pp. 187-197 Subject Headings: Human rights - Moral and ethical aspects. Abstract: Attempts to justify human rights in terms of other sources of normativity unwittingly weaken the case of human rights. Instead these rights should be treated as moral causes that speak to us directly, as one of those rare precepts that are self-evident. All will hear self-evident moral claims unless they...

Forsythe David P. Human Rights in International Relations

формат pdf
размер 1.05 МБ
добавлен 03 декабря 2010 г.

Cambridge University Press, 2006. 285 p. This new edition of David Forsythe’s successful textbook provides an authoritative overview of the place of human rights in international politics in an age of terrorism. The book focuses on four central themes: the resilience of human rights norms, the importance of soft law, the key role of non-governmental organizations, and the changing nature of state sovereignty. Human rights standards are examined...

Human Rights Watch World Report 2011: Events of 2011

формат pdf
размер 4.04 МБ
добавлен 05 декабря 2011 г.

Human Rights Watch World Report 2011: Events of 2011 This 21st annual World Report summarizes human rights conditions in more than 90 countries and territories worldwide. It reflects extensive investigative work undertaken in 2010 by Human Rights Watch staff, usually in close partnership with domestic human rights activists. With increasing frequency, governments that might exert pressure for human rights improvement are accepting the rationaliz...

Jacobson D., Ruffer G.B. Courts Across Borders: The Implications of Judicial Agency for Human Rights and Democracy

Статья

формат pdf
размер 92.89 КБ
добавлен 12 сентября 2011 г.

Human Rights Quarterly 25 (2003) 74–92 © 2003 by The Johns Hopkins University Press The global expansion of human rights has shifted modes of political engagement in significant ways. This article analyzes this shift as one towards judicial agency, where an increasingly dense web of legal rights mediated by judicial and administrative bodies enables the individual to bypass traditional democratic forms of political mobilization. Through this new...

Keane David. Caste-based Discrimination in International Human Rights Law

формат pdf
размер 1.03 МБ
добавлен 06 апреля 2011 г.

Ashgate, 2007. 301 р. ISBN:0754671720 Presenting an analysis of the elimination of racial discrimination in international law, this book assesses the movement against racial discrimination, which has dominated human rights discourse since the UN's inception. It evaluates the strategies that have informed the work of the UN treaty-based and charter-based bodies in this area, and maps a new path that moves from standard-setting to implementation....

Roach K. A Dialogue About Principle and a Principled Dialogue: Justice Iacobucci’s Substantive Approach to Dialogue

Статья

формат pdf
размер 315.79 КБ
добавлен 24 октября 2011 г.

University of Toronto Law Journal, Volume 57, Number 2, Spring 2007, pp. 449-477 (Article) Published by University of Toronto Press Frank Iacobucci played the lead role in introducing the metaphor of judicial review as a form of dialogue between courts and legislatures into Canadian constitutional law. He discussed dialogue in reference to interpreting both rights and limitations under the Canadian Charter of Rights and Freedoms, but also in re...

Roach K. Common Law Bills of Rights as Dialogue Between Courts and Legislatures

Статья

формат pdf
размер 348.95 КБ
добавлен 24 октября 2011 г.

University of Toronto Law Journal, Volume 55, Number 3, Summer 2005, pp. 733-766 (Article) Published by University of Toronto Press Although much has been written about judicial review under the Canadian Charter of Rights and Freedoms as a dialogue between courts and legislatures, much less has been written about judge-made common law as an earlier and still relevant form of dialogue.

Sarkin Jeremy, Koenig Mark. Developing the Right to Work: Intersecting and Dialoguing Human Rights and Economic Policy

Статья

формат pdf
размер 356.2 КБ
добавлен 16 января 2012 г.

Human Rights Quarterly, Volume 33, Number 1, February 2011, pp. 1-42 This article explores why the right to work remains underdeveloped through an analysis of its theoretical origins and developmental path. First, the article explores specific content of the right to work, as well as the international legal instruments that generate that content. Second, the article examines the development of the right over time, and the debates that have shape...