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The Judicial Role: Mediating National Diversity in Plurinational States

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298617
eISBN:
9780191708855
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298617.003.0007
Subject:
Law, Public International Law

This chapter focuses on the Secession Reference. The most dramatic and potentially influential decision to be reached in recent years is the opinion of the Supreme Court of Canada in the Quebec ... More


Emergence and Diffusion

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0003
Subject:
Political Science, Political Theory

This chapter charts how proportionality has developed into a global principle of constitutional law. The German Federal Constitutional Court constitutionalized the proportionality principle, which ... More


Building the UK's New Supreme Court: National and Comparative Perspectives

Andrew Le Sueur (ed.)

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.001.0001
Subject:
Law, Legal Profession and Ethics

In the context of the far-reaching reforms proposed for the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council, this book considers the operation and reform of ... More


Appointments to the Supreme Court of Canada: Procedures and Controversies

Peter McCormick

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0018
Subject:
Law, Legal Profession and Ethics

This essay traces the genesis of the Supreme Court of Canada under the Supreme Court Act of 1875, and the appointment procedure as described in it. The essay argues that the widening of the pool, ... More


Horizontal Effect and Caboose Constitutionalism

Jud Mathews

in Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190682910
eISBN:
9780190682941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682910.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter picks up the story where the previous chapter left off, showing how the Supreme Court of Canada initially made a show of rejecting the application of the Charter of Rights and Freedoms ... More


Canada’s Constitution and Courts

Jud Mathews

in Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190682910
eISBN:
9780190682941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682910.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explores the development of Canadian constitutionalism leading up to judicial engagement with the horizontal effect of rights. The Supreme Court of Canada already enjoyed an ... More


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