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6 Compromise and the Notwithstanding Clause: Why the Dominant Narrative Distorts Our Understanding was published in Contested Constitutionalism on page 107.
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Internment is the forcible confinement or detention of a person during wartime. Large-scale internment operations were carried out by the Canadian government du...
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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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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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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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"In September 1945, Canada proposed exiling Japanese Canadians to Japan, a country devastated by war. Thousands who had experienced internment and dispossession were now at risk of banishment. In Challenging Exile, Eric M. Adams and Jordan Stanger-Ross detail the circumstances and personalities behind the exile. They follow the lives of families facing government orders that uprooted them from their homes, stripped them of their livelihoods and possessions, and proposed to exile them from Canada. And they analyze the court case in which lawyers and judges grappled with the meaning of citizenship, race, and rights in times of war and its aftermath. Unfolding in a context of global conflict, sharpened borders, and racist suspicion, the story told in Challenging Exile has enduring relevance for our own troubled times."--Page 4 of cover.
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