FORGOTTEN FUNDAMENTAL FREEDOMS OF THE CHARTER. PDF Download

Author: DWIGHT. NEWMAN
Publisher:
ISBN: 9780433509332
Category :
Languages : en
Pages :

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Author: Derek B. M. Ross
Publisher:
ISBN: 9780433502470
Category : Freedom of religion
Languages : en
Pages : 350

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"The role of the state in resolving social tensions rooted in competing "sets of ultimate commitments" among citizens, and the role of the law in resolving such moral conflicts between the citizen and the state. How, and why, differences ought to be accommodated in a free and democratic society. The issues explored are becoming intensely pertinent as Canada's religious diversity increases, the state expands into areas traditionally seen as private, and state actors seek to promote certain 'values'."--

Author: Richard Moon
Publisher: University of Toronto Press
ISBN: 9780802078360
Category : Law
Languages : en
Pages : 330

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Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

Author:
Publisher:
ISBN: 9780433509349
Category :
Languages : en
Pages : 476

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"Among the fundamental freedoms guaranteed by section 2 of the Charter, only a few have been paid significant attention. The others—freedom of conscience, thought, belief, opinion, the press, other media of communication, peaceful assembly, and association—have been largely forgotten to date. What do these freedoms protect? Why are they “fundamental” to a liberal democracy, and how might they be realized? And what do we still need to learn about the meaning of freedom generally?These questions and more are examined throughout this collection of essays, breaking new ground for human rights discourse in Canada and beyond and exploring the rich potential of the Charter’s “forgotten freedoms”. A recurring theme throughout is that these freedoms must not simply be “remembered”. If Canada is to be the free and democratic society contemplated by the Charter, these freedoms must also live and breathe within our constitutional practice."--

Author: Guy Régimbald
Publisher:
ISBN: 9780433493839
Category : Constitutional law
Languages : en
Pages : 953

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Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774851716
Category : Law
Languages : en
Pages : 337

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In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.

Author: Ian Shapiro
Publisher: Yale University Press
ISBN: 0300182538
Category : Political Science
Languages : en
Pages : 276

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This volume contains the full text of the United Nations Charter and the Statute of the International Court of Justice, as well as related historical documents. They are accompanied by ten original essays on the Charter and its legacy by distinguished scholars and former high-level UN officials. The commentaries illuminate the early and ongoing roles of the United Nations in responding to international crises, debates about the UN’s architecture and its reform, and its role in global governance, climate change, peacekeeping, and development. A concise and accessible introduction to the UN for students, this collection also offers important new scholarship that will be of interest to experts.

Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32

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Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.