Your search
Results 940 resources
-
In this article, I propose a model for understanding the concept of ownership that I call the ‘exclusivity model.’ Like many of the contemporary critics of the ‘bundle of rights’ approach to ownership, I insist that ownership is a legal concept with a well-defined structure. I differ from most of them, however, in the model of ownership that I believe to be at work in property law. Most of these critics propose a model of ownership that emphasizes the owner's right to exclude non-owners from the owned thing as the central defining feature of ownership. I call this the ‘boundary approach’ to highlight its fixation on the owner's power to decide who may cross the boundaries of the owned thing. But this, I argue, makes it impossible for the boundary approach to explain adequately the many subsidiary rights in things that coexist with the rights of owners. Indeed, I argue that when we look more closely at the structure of ownership in property law, its central concern is not the exclusion of all non-owners from the owned thing but, rather, the preservation of the owner's position as the exclusive agenda setter for the owned thing. So long as others – whether they be holders of subsidiary property rights or strangers to the property – act in a way that is consistent with the owner's agenda, they pose no threat to the owner's exclusive position as agenda setter.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
During the last two decades, the Supreme Court of Canada created and authorized new police powers that are exercised routinely. For example, the Court authorized police officers to stop motor vehicles at random, detain individuals for investigative purposes, and carry out preventive frisk searches on people. The Court stated that judges can use the “ancillary powers doctrine” to create new police powers that fill legislative gaps.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
According to police-reported data, impaired driving killed as many as 155 people in Canada in 2019 (88 impaired drivers1 and 67 other road users) and injured 540.2 By comparison, all other criminal offences causing death excluding homicide resulted in the deaths of 108 people in 2019. Furthermore, a 2013 study for Mothers Against Drunk Driving (MADD) Canada estimated that the total social costs associated with impaired driving were $20.6 billion (Pitel and Solomon 2013). [...]before cannabis became legal, police services in Canada were already stopping an increasing number of drug-impaired drivers (Moreau 2019; Perreault 2016).3 So, to coincide with legalization, the Government of Canada implemented measures to fight drug-impaired driving. When collection of comparable data began in 1986, police reported 577 incidents per 100,000 population. [...]the early 2000s, this rate declined by an average of 5.5% each year, before stabilizing at about 250 incidents per 100,000 population during the 2000s.
-
This Article advances the comparative constitutional literature by examining the exercise of remedial discretion in rights litigation. It compares how the Supreme Court of Canada and the Constitutional Court of South Africa remedy unconstitutional legislation under their respective, relatively new, bills of rights. It uses an internal legal approach and, rejecting universalism and convergence, it pays attention to difference in constitutional texts. By reporting remedial practices and studying the written and unwritten factors that judges identify as conditioning their remedial determinations, the Article studies the significant gap between authoritative text and practice. In a warning for those who draft bills of rights, who rely on their texts to forecast judicial practice, or who simply aim to delineate and understand the exercise of judicial power under bills of rights, judges’ discussion reveals that the scope of action they perceive as legitimate may differ from what a rights instrument’s text implies. This gap has implications for efforts to classify forms of judicial review as strong-form or weak-form, as it may reduce the effective distance between different models as they appear on paper. The Article identifies shifting and contradictory views about reading-in versus invalidating legislation, and about immediate versus delayed orders. Based on its comparison of judicial remedial practices, the Article flags the unavoidable uncertainty of applying a bill of rights to legislation. It interprets the practices of the two countries’ highest courts as embodying a preference for a judicial posture of legislative engagement over one of constitutional enforcement. This conception of the judicial role emerges from similarities in practice, despite differences in the authorizing constitutional texts. The Article establishes a firm basis for normative evaluation of the legitimacy of judicial remedial discretion exercised with a view to engaging the democratic branches of government.
Explore
Resource type
Topics
- Criminal law (1)
- Equity (1)
- Evidence (1)
- Voyeurism (1)
Publication year
-
Between 1900 and 1999
(213)
-
Between 1910 and 1919
(1)
- 1918 (1)
- Between 1930 and 1939 (5)
- Between 1940 and 1949 (6)
- Between 1950 and 1959 (8)
- Between 1960 and 1969 (14)
- Between 1970 and 1979 (18)
- Between 1980 and 1989 (58)
- Between 1990 and 1999 (103)
-
Between 1910 and 1919
(1)
-
Between 2000 and 2026
(726)
- Between 2000 and 2009 (258)
- Between 2010 and 2019 (304)
- Between 2020 and 2026 (164)
- Unknown (1)