The Notwithstanding Clause, Section 33 of the Charter of Rights -- Rev PDF Download
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Author:
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ISBN:
Category :
Languages : en
Pages : 31
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Book Description
Section 33 of the Canadian Charter of Rights and Freedoms, more popularly known as the 'notwithstanding clause', permits provincial legislatures as well as the federal parliament to opt out of, or override, many of the Charter's protections. This so-called override power has become the subject of growing controversy, especially with the passage of Quebec's Bill 178 regarding the language displayed on signs. This paper reviews the arguments in support of, and in opposition to, Section 33. It examines the nature of the notwithstanding clause, which kinds of rights and freedoms can be overridden, how the clause is invoked, how and why it was used in Bill 178, where else the override power has been exercised, and whether the clause's inclusion in the Charter is a setback in Canadian legal history. Finally, the paper looks at how the debate over Section 33 has given rise to a resolution of the Ontario legislature and a recommendation by one of its committees.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
Section 33 of the Canadian Charter of Rights and Freedoms, more popularly known as the 'notwithstanding clause', permits provincial legislatures as well as the federal parliament to opt out of, or override, many of the Charter's protections. This so-called override power has become the subject of growing controversy, especially with the passage of Quebec's Bill 178 regarding the language displayed on signs. This paper reviews the arguments in support of, and in opposition to, Section 33. It examines the nature of the notwithstanding clause, which kinds of rights and freedoms can be overridden, how the clause is invoked, how and why it was used in Bill 178, where else the override power has been exercised, and whether the clause's inclusion in the Charter is a setback in Canadian legal history. Finally, the paper looks at how the debate over Section 33 has given rise to a resolution of the Ontario legislature and a recommendation by one of its committees.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 9
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Book Description
The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms has been controversial since its emergence from the November 1981 Federal-Provincial Conference of the First Ministers. This paper discusses the content and origins of section 33, the November 1981 First Ministers' conference, the framers' intentions, and the debate on the override.
Author: Ontario. Legislative Research Service
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
Author: Ontario. Legislative Research Service
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
Author: Howard A. Leeson
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 24
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Author: Mark Tushnet
Publisher: Routledge
ISBN: 1351573799
Category : History
Languages : en
Pages : 425
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Book Description
This collection examines the justifications for using bills of rights to protect fundamental human rights and the mechanisms for enforcing provisions in those documents. Articles deal with different forms of judicial enforcement and with legislative enforcement, of rights protected by such documents. The collection includes a road-map for evaluating the effectiveness of these alternative enforcement mechanisms.
Author: Stephen Gardbaum
Publisher: Cambridge University Press
ISBN: 1107009286
Category : Law
Languages : en
Pages : 275
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Book Description
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author: Canada
Publisher: Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN:
Category : Law
Languages : en
Pages : 188
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Book Description
Consolidated as of April 17, 1982.
Author: Grant Huscroft
Publisher: Bloomsbury Publishing
ISBN: 1847310729
Category : Law
Languages : en
Pages : 364
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Book Description
How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.
Author: Keith G. Banting
Publisher: Taylor & Francis
ISBN: 9780458959501
Category : Law
Languages : en
Pages : 376
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Book Description
