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Anthropologists in the Canadian Courts

Elizabeth Cassell

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0008
Subject:
Law, Comparative Law

European settlers in the mid-19th century laid claim to the majority of the Gitksan and Wet'suwet'en land, although the land was never conquered, ceded, or signed away under the treaty process that ... More


Canada

Phillip M Saunders

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0005
Subject:
Law, Public International Law, Comparative Law

This chapter examines the influence of transnational dialogue on the development of the Canadian law to date, and in particular the prospects and possible pitfalls with regard to its further ... More


Canada: From Privy Council to Supreme Court

Steven Gow Calabresi

in The History and Growth of Judicial Review, Volume 1: The G-20 Common Law Countries and Israel

Published in print:
2021
Published Online:
May 2021
ISBN:
9780190075774
eISBN:
9780190075804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190075774.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter assesses the emergence of judicial review in Canada. Canadian judicial review emerged as a direct result of federalism and separation of powers umpiring by the Judicial Committee of the ... More


Hedge or Counterweight? New Constitutionalism and the Role of the Canadian Charter of Rights and Freedoms in Intellectual Property Litigation

Graham Reynolds

in Global Intellectual Property Protection and New Constitutionalism: Hedging Exclusive Rights

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198863168
eISBN:
9780191895661
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863168.003.0014
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter looks at Canadian intellectual property law through a new constitutionalist lens. Over the past few decades, Canada has been the target of several international measures in the area of ... More


Habeas Corpus and the Canadian Charter of Rights and Freedoms

Robert J. Sharpe

in The Reality of International Law: Essays in Honour of Ian Brownlie

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268376
eISBN:
9780191683510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268376.003.0022
Subject:
Law, Public International Law

This chapter provides a brief outline of the Canadian Charter of Rights and Freedoms in 1982. It analyses the method of rights protection this charter mandates and evaluates how certain specific ... More


Law, Convention, and Prerogative

T. R. S. Allan

in Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259916
eISBN:
9780191682025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259916.003.0010
Subject:
Law, Constitutional and Administrative Law

The royal prerogative remains an important legal source of governmental power in the modem constitution. In legal theory, ministers and judges are appointed under the prerogative. As inherent powers ... More


The Canadian Charter of Rights and Freedoms: Sexual Orientation under Section 15(1)

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198264880
eISBN:
9780191682841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264880.003.0006
Subject:
Law, Human Rights and Immigration

The Canadian Supreme Court, at the time of writing this book, had yet to decide a case of sexual orientation discrimination under the Canadian Charter of Rights and Freedoms and Section 15(1). In ... More


Enhancing Constitutional Self-Understanding through Comparative Law: An Empirical Study of the Use of Foreign Case Law by the Supreme Court of Canada (1982–2013)

Gianluca Gentili

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0021
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Since the adoption of the 1982 Charter of Rights and Freedoms (Charter), the Supreme Court of Canada (SCC or Court) has established itself as one of the most progressive constitutional judges ... More


Introduction: The Specificities of Contested Secessions

Neera Chandhoke

in Contested Secessions: Rights, Self-determination, Democracy, and Kashmir

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198077978
eISBN:
9780199080977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077978.003.0001
Subject:
Political Science, Political Theory

Liberal theorists tend to deny the right of secession to illiberal groups. Yet, whereas the group might well be the ‘wrong’ one, the cause for which it seeks to secede might just be the ‘right one’, ... More


The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review

Rosalind Dixon and David Landau

in Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy

Published in print:
2021
Published Online:
August 2021
ISBN:
9780192893765
eISBN:
9780191914720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893765.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explores the abusive borrowing of an important set of concepts associated with political constitutionalism, or the idea that political institutions such as legislatures, rather than ... More


“A spinster and a syringe”: Debating Test-Tube Babies

in Reproduction by Design: Sex, Robots, Trees, and Test-Tube Babies in Interwar Britain

Published in print:
2012
Published Online:
March 2013
ISBN:
9780226560694
eISBN:
9780226560717
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226560717.003.0006
Subject:
History, British and Irish Modern History

This chapter approaches the issues discussed in this book in a roundabout fashion by exploring a relatively obscure Canadian court case. It addresses the ways in which commentators in the interwar ... More


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