Your search
Results 654 resources
-
People have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a reasonable degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons.
-
This article describes constitutional conventions, and the underlying principles of the Constitution assessed through structural analysis, as two interrelated components of Canada’s unwritten constitution. Whereas conventions and structural analysis differ in their relationship with the text of constitutional instruments, and in regard with their normative power, they perform similar functions in our constitutional order as they both seek to give effect to broad and enduring principles undergirding the organization of the state.
-
This article is about structural analysis in Canadian constitutional law. Structural analysis is a methodology for identifying unwritten components of the constitution and giving them effect. These unwritten components—Parliamentary privilege, Crown prerogative, constitutional conventions and underlying constitutional principles—pertain to the basic institutions of the state and the norms that govern their operations and relations. We explain how structural analysis operates and show that it is essential to discerning and applying the unwritten constitution.
-
2020 41 Windsor Review of Legal and Social Issues, 2020 CanLIIDocs 1608
-
"As the Queen marks seventy years on the throne, this engaging work examines Canada's constitutional monarchy. As Queen Elizabeth II marks her Platinum Jubilee in 2022, and following the controversial resignation of a governor general, much discussion and debate has taken place about the monarchy in Canada. This engaging work examines a broad range of topics related to Canada's constitutional monarchy, its present state, and future. Topics include Crown-Indigenous relations; the foundational place of the Crown in Canada's system of government; the Crown and the media; the Crown and Francophone Canada; the viceregal offices and the role of the administrator; royal tours; Canadian Chapels Royal; the Crown in Canada's geography--and Queen Elizabeth herself."-- Provided by publisher.
-
"Wade and Forsyth's Administrative Law has been a cornerstone text since publication of the first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over sixty years, this text has been trusted by students and is extensively cited by courts throughout the common law world. The book's clarity of exposition makes it accessible to students approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in the field, academics and practitioners alike."-- Provided by publisher
-
A declaratory judgment is a determination of rights without consequential relief. Declaratory judgments can be highly useful for litigants, but they are also somewhat lacking in doctrinal clarity, raising a number of questions that go to the core of the judicial role. What does it mean to have a legal right, or to declare the existence of a legal right, if that right, while recognized, is not enforced? It has been held that a declaratory judgment is available only when there is a real dispute between the parties, but what is a real legal dispute without legal rights that can be enforced? When is it the business of courts to declare the existence of such a right?
-
Variability in the blood–breath ratio (BBR) of alcohol is important, because it relates a measurement of the blood-alcohol concentration (BAC) with the co-existing breath-alcohol concentration (BrAC). The BBR is also used to establish the statutory BrAC limit for driving from the existing statutory BAC limits in different countries. The in-vivo BBR depends on a host of analytical, sampling and physiological factors, including subject demographics, time after end of drinking (rising or falling BAC), the nature of the blood draw (whether venous or arterial) and the subject’s breathing pattern prior to exhalation into the breath analyzer. The results from a controlled drinking study involving healthy volunteers (85 men and 15 women) from three ethnic groups (Caucasians, Hispanics and African Americans) were used to evaluate various factors influencing the BBR. Ethanol in breath was determined with a quantitative infrared analyzer (Intoxilyzer 8000) and BAC was determined by headspace gas chromatography (HS-GC). The BAC and BrAC were highly correlated (r = 0.948) and the BBR in the post-absorptive state was 2 382 ± 119 (mean ± SD). The BBR did not depend on gender (female: 2 396 ± 101 and male: 2 380 ± 123, P > 0.05) nor on racial group (Caucasians 2 398 ± 124, African Americans 2 344 ± 119 and Hispanics 2 364 ± 104, P > 0.05). The BBR was lower in subjects with higher breath- and body-temperatures (P < 0.05) and it also decreased with longer exhalation times into the breath-analyzer (P < 0.001). In the post-absorptive state, none of the 100 subjects had a BBR of less than 2 100:1.
Explore
Resource type
- Blog Post (5)
- Book (192)
- Book Section (45)
- Case (218)
- Dictionary Entry (33)
- Document (1)
- Journal Article (152)
- Magazine Article (2)
- Newspaper Article (1)
- Presentation (1)
- Report (4)
Topics
- Aboriginal law (4)
- Aboriginal peoples (2)
- Abuse of process (5)
- Access to information (1)
- Administrative law (9)
- Admissibility (1)
- Appeals (5)
- Arrest (2)
- Assurance (1)
- Bankruptcy and insolvency (6)
- Banks (1)
- Charge to jury (2)
- Charter of Rights (29)
- Child and family services (1)
- Choice of forum (1)
- Civil liability (1)
- Civil procedure (2)
- Communications law (1)
- Constitutional law (45)
- Contracts (2)
- Copyright (1)
- Costs (1)
- Court having jurisdiction (1)
- Courts (8)
- Criminal law (85)
- Crown law (1)
- Custody (4)
- Declaration of invalidity (1)
- Discoverability (1)
- Division of powers (4)
- Evidence (15)
- Expropriation (2)
- Extraterritoriality (1)
- Family law (7)
- Fiduciary duty (1)
- Financial institutions (1)
- Fitness to stand trial (1)
- Habeas corpus (1)
- Human rights (1)
- Immigration (3)
- Impaired driving (2)
- Income tax (4)
- Informer privilege (1)
- Insurance (2)
- Intellectual property (3)
- Judicial review (3)
- Jurisdiction (5)
- Labour relations (1)
- Limitation of actions (1)
- Mediation (1)
- Negligence (1)
- Obligation of loyalty (1)
- Obstructing justice (1)
- Occupational health and safety (1)
- Open court principle (1)
- Patents (1)
- Prerogative writs (1)
- Prescription (1)
- Private international law (2)
- Property (1)
- Prosecutorial immunity (1)
- Provincial offences (1)
- Publication bans (1)
- Real property (1)
- Right to security of person (1)
- Sale of goods (1)
- Securities (1)
- Sentencing (9)
- Sex workers (1)
- Sexual assault (6)
- Status of persons (1)
- Statutes (1)
- Taxation (6)
- Telecommunications (1)
- Torts (1)
- Trafficking in persons (1)
- Transportation law (2)
- Treaty rights (1)
- Trial (5)
- Voyeurism (1)
- Young persons (2)