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Full bibliography 2,167 resources
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"More than forty years after the enactment of the Canadian Charter of Rights and Freedoms, this landmark treatise examines the interpretation and application of the Charter by Canadian courts in both the private and criminal law spheres, as well as its impact on the Canadian legal system. Updated to reflect the most recent constitutional developments, Canadian Charter of Rights and Freedoms, 6th Edition + Charte canadienne des droits et libertés, 6e édition by Errol Mendes and Stéphane Beaulac offers a comprehensive review of the evolution of the Charter in the Canadian legal landscape.Since its first publication in 1982, this bilingual text has become an invaluable reference for constitutional law practitioners and students." --Publisher's website
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"The effective implementation of human rights treaty obligations in national law is subject to increasing attention. The main responsibility for the international monitoring of national implementation at the global level is entrusted to the UN human rights treaty bodies. These bodies are established by the respective human rights conventions and are composed of independent experts. This book examines three aspects of these bodies: the legal aspects of their structure, functions and decisions; their effectiveness in ensuring respect for human rights obligations; and the legitimacy of these bodies and their decisions. Containing contributions from a variety of eminent legal experts, including present and former members of the treaty bodies, the analysis should be read in light of the ongoing effort to strengthen treaty bodies under the auspices of the UN High Commissioner for Human Rights and with the involvement of relevant stakeholders"--Provided by publisher.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Purposive interpretation leads a double life. As a matter of constitutional practice, it forms the doctrine through which courts in Canada and around the world determine the concrete protections that abstract constitutional rights afford. However, as a matter of constitutional theory, purposive interpretation is routinely rejected as either an empty phrase that offers no alternative to established theories of constitutional interpretation or a dangerous doctrine that provides no basis for distinguishing between justified and unjustified interpretations of constitutional rights. This essay formulates a conception of purposive interpretation that is not vulnerable to these objections. The purposive approach to the interpretation of constitutional rights follows from a set of ideas about how legal interpretation differs from interpretation more broadly, how constitutional interpretation differs from interpretation in other legal domains, and how constitutional interpretation constrains both the purposes it attributes to particular provisions and the application of those purposes to particular contexts. My aim is to show that these ideas fit together in a coherent doctrinal whole that is neither empty nor dangerous. Purposive interpretation is not empty because it offers a genuine alternative to the presuppositions and structure of opposing interpretive paradigms. Purposive interpretation is not dangerous because it provides a principled set of resources for distinguishing between justified and unjustified interpretations.
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"This book helps legislative drafters and private sector lawyers write concise and precise documents by arming them with: Practical advice - a step-by-step approach; Expert advice - over 750 examples are employed to help illustrate how provisions evolve through the application of various drafting techniques; Best practices - helps drafters deal with other key parties in the process and increase their efficiency; Invaluable tools - allow drafters to choose the right words in the appropriate context to convey the document's intended meaning."-- Provided by publisher.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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While the interpretation of Canadian constitutional laws has long been carried by a teleological wave, a textualist backlash has emerged in recent years. This article questions this trend and argues that the teleological method remains the most appropriate for constitutional interpretation.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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