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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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This chapter considers the effect of section 1, the “justification” section of the Canadian Charter, on the doctrinal development of section 15, the equality section. It begins by describing the development of the section 15 substantive equality analysis, including the claim of a conceptually complete separation from the section 1 analysis of state justification. The chapter then identifies some features of section 15 which suggest that this separation is less than complete, including the existence of section 15(2), and anxieties over constraining government action. The chapter then turns to three post-2001 cases in which the Supreme Court of Canada found discrimination under the Charter but then held that discrimination was “justified” through section 1, and asks what these cases might reveal about the symbolic significance of a finding of discrimination and the Court’s struggle with institutional competence concerns in equality claims.
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Encyclopédie juridique de droit français. Donne l'état des diverses branches du droit en France: doctrine, jurisprudence, index bibliographique, certains périodiques en texte intégral (exhaustivité variable)
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Encyclopédie juridique de droit français. Donne l'état des diverses branches du droit en France: doctrine, jurisprudence, index bibliographique, certains périodiques en texte intégral (exhaustivité variable)
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"During the past decade, rapid developments in information and communications technology have transformed key social, commercial, and political realities. Within that same time period, working at something less than Internet speed, much of the academic and policy debate arising from these new and emerging technologies has been fragmented. There have been few examples of interdisciplinary dialogue about the importance and impact of anonymity and privacy in a networked society. Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society fills that gap, and examines key questions about anonymity, privacy, and identity in an environment that increasingly automates the collection of personal information and relies upon surveillance to promote private and public sector goals." "This book has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers, and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes."--BOOK JACKET.
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I am one of those who believe that the courts are not static institutions. On the contrary, they must adapt to the expectations of the system’s users. In an article published in 2000 in theCanadian Bar Review, Judge Gerald Seniuk and Professor Noel Lyon showed that the development of the Provincial Courts raises many problems, not the least of them being the tendency of the system to evolve in a way that no longer fits the constitutional framework.¹ In this context, and in light of concrete examples and the reflections of experts, we must be particularly attentive to this