Full bibliography | SCC-Authors-Cited

MacKlem, P. (1997). Aboriginal Rights and State Obligations Symposium on Aboriginal Legal Issues. Alberta Law Review, 36(1), 97–116. https://heinonline.org/HOL/P?h=hein.journals/alblr36&i=109

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Johnson, A. J. (2018). The Judges Reference and the Secession Reference at Twenty: Reassessing the Supreme Court of Canada’s Unfinished Unwritten Constitutional Principles Project. Alberta Law Review, 56(4), 1077–1116.

Disclaimer: This summary was generated by AI based on the content of the source document.

Elliot, R. (2001). References, Structural Argumentation and the Organizing Principles of Canada’s Constitution. Canadian Bar Review, 80(Issues 1-2), 67–142. https://heinonline.org/HOL/P?h=hein.journals/canbarev80&i=77

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Chan, K. (2020). Constitutionalizing the Registered Charity Regime: Reflections on Canada without Poverty. Canadian Journal of Comparative and Contemporary Law, 6, 151–190. https://heinonline.org/HOL/P?h=hein.journals/cajccl6&i=157

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Bhagwat, A., & Weinstein, J. (2021). Freedom of Expression and Democracy. In The Oxford Handbook of Freedom of Speech (p. 82). Oxford University Press. https://doi.org/10.1093/oxfordhb/9780198827580.013.5

This chapter focuses on the relationship between freedom of expression and democracy from both a historical and a theoretical perspective. The term ‘freedom of expression’ includes free speech, freedom of the press, the right to petition government, and freedom of political association. Eighteenth-century proponents of popular government had long offered democratic justifications for freedom of expression. The chapter then demonstrates that freedom of political expression is a necessary component of democracy. It describes two core functions of such expression: an informing and a legitimating one. Finally, the chapter examines the concept of ‘democracy’, noting various ways in which democracies vary among themselves, as well as the implications of those variations for freedom of expression. Even before democratic forms of government took root in the modern world.

Walters, M. D. (2010). Written Constitutions and Unwritten Constitutionalism. In G. Huscroft (Ed.), Expounding the constitution: essays in constitutional theory (p. 245). Cambridge University Press. (Original work published 2008)

Zhou, H.-R. (2019). Legal Principles, Constitutional Principles, and Judicial Review. The American Journal of Comparative Law, 67(4), 899–930. https://doi.org/10.1093/ajcl/avz028

Principles form part and parcel of our law and legal discourse, so much so that we seldom think of what they are and what they entail. For centuries they have been invoked daily to interpret and argue about the law. But when it comes to matters of constitutional law, principles are further called upon to perform a perennially controversial function: to help police the boundaries of state action. In most common law jurisdictions with a written constitution, this function of principles runs against the generally accepted view that the exercise of judicial review must ultimately be governed and restricted by the terms of the national constitution. This Article argues that the exercise of judicial review based on principles is not confined to that view, once the relationship between principles and the constitution is unpacked and recontextualized.While the English-language literature on principles over the past half-century has been dominated by a select group of Anglo-American scholars, there is a wealth of untapped insights from other parts of the world. One of the major contributions by continental legal theorists even predates the earliest modern Anglo-American writings on the subject by more than a decade. Overall, the law literature in common law and civil law systems reveals a significant degree of commonalities in the basic characters of principles despite the absence of initial evidence of transsystemic borrowings. The wider conceptual inquiry also displays a shift in the focus of the debate, from the protracted search for a clear-cut distinction between rules and principles towards a redefinition of principles’ relationship with “written” law, be it in the form of a civil code or a constitutional instrument. From this inquiry reemerge “unwritten” principles not deriving from codified or legislated law although they have been used to develop the law. Translated into the constitutional domain, these unwritten principles bear no logical connection with the terms of the constitution. Their main functions cover the entire spectrum from serving as interpretive aids to making law by filling gaps. The theoretical framework fits with an ongoing four-century-old narrative of the evolution of constitutional principles and judicial review across most common law-based systems. Constitutional principles are another area where Anglo-American law and legal discourse is less exceptional and more universal than what many assume. Throughout modern Western history, legal battles have been fought and ensuing developments have been made on the grounds of principles. Our law and jurisprudence remain based on them.

View on doi.org

Zipkin, S. (2009). The Election Period and Regulation of the Democratic Process. William & Mary Bill of Rights Journal, 18(3), 533–594. https://heinonline.org/HOL/P?h=hein.journals/wmbrts18&i=539

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Sen, A. (2009). The idea of justice. Belknap Press of Harvard University Press.

Rawls, J. (2005). Political liberalism (Expanded ed.). Columbia University Press.

Moon, R. (2000). The constitutional protection of freedom of expression. University of Toronto Press.

Good, K. R. (2009). Municipalities and multiculturalism: the politics of immigration in Toronto and Vancouver. University of Toronto Press.

Flynn, A. (2018). Operative Subsidiarity and Municipal Authority: The Case of Toronto’s Ward Boundary Review. Osgoode Hall Law Journal, 56(2), 271–300. https://heinonline.org/HOL/P?h=hein.journals/ohlj56&i=278

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Courtney, J. C. (2001). Commissioned ridings: designing Canada’s electoral districts. McGill-Queen’s University Press.