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abortion restriction is properly regulated by state governments, and thus a federal abortion law scheme is unconstitutional. In substance, the Court was safeguarding the enduring political and legal
This short paper looks at the Greenhouse Gas Pollution Pricing Act decision through a wider and more critical jurisprudential lens. In so doing, I demonstrate that the courts are no less political ... , one of the most pressing concerns on the contemporary political agenda is how to deal with the many challenges and serious ramifications of climate change. A major part of that is about what to do about
public participation process, but public opinion did not have a real impact on constitutional outcomes. Instead, the content of the constitution was settled by the political elites whose agreement was
This paper explains how the Supreme Court of Canada’s decision in R. v. Chouhan concerning jury impartiality is an illustrative example of “baselines”, or how implicit political positions held by ... expectations are reasonable?5 In my view, shifting those baselines froimmplicit to explicit enables a much better appreciation for the unavoidably political character of legal interpretation that can be obscured
covertly wield influence and shield themselves from the political ramifications of poor public health policy and decisions. The WHO as a concept was not dead-on arrival, but neglect and poor execution have
they attempt to speak out on the reality of the situation. Though a legislature is in place, legal and political power is dominated by the absolute monarchy, providing MbS with sole power to move the
the POGG’s National Concern Test” (2021) 55:1 Revue Juridique Thémis 103-135. 43 Peter Rinderle, “The Political Philosophy of European Subsidiarity” in Günter Walzenbach & Ralf Alleweld, edsV.,arieties ... national concern for fear of morphing vast social, political and economic questions into new permanent and exclusive heads of federal jurisdiction. In R. v. Crown Zellerbach, Le Dain J. had also concluded
The Supreme Court of Canada’s political process cases cover a wide array of issues, including the right to vote, electoral redistricting, campaign finance and the regulation of political parties ... /iss1/5 Yasmin Dawood* * Canada Research Chair in Democracy, Constitutionalism, and Electoral Law, and Associate Professor, Faculty of Law and the Department of Political Science, University of Toronto
whether a welfare-oriented philosophy should be the exclusive guiding principle in society’s response to juvenile offending. In true Canadian political fashion, then Minister of Justice Lucien Cardin struck ... and political considerations specific to section 15, particularly in the context of young people, inevitably formed part of the backgroun11d.Slippery slope concerns about constitutionalizing appellate
Philosophy, Politics, Policy and Law(Vancouver: University of British Columbia Press, 2006), a seminal Canadian treatise on critical disability theory in law. equality rights doctrine and discuss the ... , but rather is the byproduct of a collection of disadvantages manufactured by social norms and regulations, policies and practices and economic and political ac9toErss.ential to the social model is the
distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions ... ,isability Rights and Wrongs Revisited, 2d ed. (Abingdon-on-Thames, Oxon: Routledge, 2013), especially at 12-21; D. Pothier, D. Devlin & R. Devlin, Critical Disability Theory: Essays in Philosophy, Politics
contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy of Immanuel Kant, as well as the Roman private law from ... . Gregor ed., 1999); ARTHUR RIPSTEIN, FORCE AND FREEDOM: KANT’S LEGAL AND POLITICAL PHILOSOPHY ( 2009 ) [hereinafter RIPSTEIN, Force and Freedom] Citations to the Doctrine of Right and the Perpetual Peace
Canada Human Rights Trust, the British Columbia Humanist Association, the Association for Reformed Political Action (“ARPA”) Canada, the Canadian Center for Christian Charities, the Evangelical Fellowship ... A group of interveners, namely the Association for Reformed Political Action Canada (“ARPA”), Canadian Center for Christian Charities, the Evangelical Fellowship of Canada and the Catholic Civil
such regulations nor guarantee the free flow of online content. Thus, existing rules contained in international trade agreements play a limited role in balancing domestic socio-cultural and political
is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works Citation Information http://digitalcommons.osgoode.yorku.ca/sclr/vol34/iss1/3 - Conference Article 3 Political
States District Court for the Northern District of California decided Shu-Hao Zhao v. Schiltgen, holding that Mr. Zhao was not eligible for either political asylum or withholding of deportation' under the
The laws regulating political participation by third parties have long been constitutionally controversial in Canada. Third parties are generally understood to include all individuals, groups and
only deepens one’s admiration for her many important contributions to Canadian law. In that spirit, these notes provide a few comments on Chief Justice McLachlin’s judicial philosophy and her ... federalism jurisprudence fairly reflects her self-described judicial philosophy as being scrupulously non-partisan and impartial. I will further suggest that her contributions to the doctrines of legal
“reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large”. ... made to the political branches or to the electorate at la6rge”. The majority decision was rife with ironies and pyrrhic victories. The panel agreed that the federal government had increased carbon
their right to free speech and their ability to speak out in a national democratic dialogue.6 This Note will examine the damaging effects of the Global Gag Rule on civil participation and political ... political advocacy.9 Part II will examine the global efforts to address unsafe abortions and place the Global Gag Rule in an international family planning context. This part will also provide a brief history
