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Native Rights and Gender Justice: The Case of Canada

Monique Deveaux

in Gender and Justice in Multicultural Liberal States

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199289790
eISBN:
9780191711022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199289790.003.0005
Subject:
Political Science, Democratization

This chapter addresses the tensions that have arisen, in the Canadian context, between Native peoples’ (or First Nations peoples’) quest for political self-determination and the demand by some Native ... More


Canada and the Canadian Charter of Rights and Freedoms (1982)

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0005
Subject:
Political Science, Comparative Politics

This chapter examines the socio‐political genesis of the Canadian Charter of Rights and Freedoms (1982). The first part of the chapter examines the immediate political origins of this instrument. It ... More


Chartering Europe

Erik O. Eriksen

in The Unfinished Democratization of Europe

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199572519
eISBN:
9780191722400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572519.003.0005
Subject:
Political Science, European Union, Democratization

The EU's Charter of Fundamental Rights is a means to secure the interests and the diverse values of the citizens of Europe. It denotes the EU as a union of citizens and not merely as a common market. ... More


Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

David Erdos

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.001.0001
Subject:
Political Science, Comparative Politics

This book explores bill of rights outcomes in four countries — Australia, Canada, New Zealand, and the United Kingdom — whose development exhibits an interesting combination of both commonality and ... More


Rights

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0016
Subject:
Law, EU Law, Constitutional and Administrative Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


From Lisbon to Lisbon—Europeanization through Constitutionalism

Kenneth A. Armstrong

in Governing Social Inclusion: Europeanization through Policy Coordination

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199278374
eISBN:
9780191594861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278374.003.0007
Subject:
Law, EU Law

It was to the ‘constitutional’ process of the Constitutional and subsequent Lisbon Treaty that many observers looked for an articulation of the EU's social identity. This chapter argues that ... More


Citizenship and the Challenge of Aboriginal Self‐Government: Is Deep Diversity Desirable?

Joseph H. Carens

in Culture, Citizenship, and Community: A Contextual Exploration of Justice as Evenhandedness

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297680
eISBN:
9780191598937
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297688.003.0008
Subject:
Political Science, Political Theory

Explores the possibilities of reconciling the demands of aboriginal peoples in Canada for forms of self‐government that will reflect and protect their distinct cultural traditions with the idea of a ... More


Rights in the European Union: Convergent with the USA?

Martin Shapiro

in The State of the European Union Vol. 7: With US or Against US? European Trends in American Perspective

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199283958
eISBN:
9780191603297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199283958.003.0016
Subject:
Political Science, European Union

The European Union structure of rights is now being built upon the preexisting rights practices of the member states, which in turn developed in part in the light of US experience. In Europe, like in ... More


Rights, Legality, and Legitimacy

Paul Craig

in The Lisbon Treaty: Law, Politics, and Treaty Reform

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199595013
eISBN:
9780191729508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595013.003.0006
Subject:
Law, EU Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


Rights, Legality, and Legitimacy

Paul Craig

in The Lisbon Treaty, Revised Edition: Law, Politics, and Treaty Reform

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199664955
eISBN:
9780191773723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664955.003.0006
Subject:
Law, EU Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


Complex Justice, Cultural Difference, and Political Community

Joseph H. Carens

in Culture, Citizenship, and Community: A Contextual Exploration of Justice as Evenhandedness

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297680
eISBN:
9780191598937
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297688.003.0002
Subject:
Political Science, Political Theory

Uses Michael Walzer's Spheres of Justice as a vehicle for reflecting on the problem of universalism and relativism, with particular attention to the question of the moral relevance of cultural ... More


Fundamental Rights and EU Enlargement

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199696789
eISBN:
9780191741722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696789.003.0003
Subject:
Law, EU Law, Philosophy of Law

One of the central aspects of the move towards constitutionalizing the EU was the adoption of the Charter of Fundamental Rights. There is an important ‘enlargement dimension’ to the Charter. In ... More


Canada: From Privy Council to Supreme Court

Peter W. Hogg

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0003
Subject:
Law, Comparative Law

Canada has no single document that is customarily described as ‘the constitution’. The closest approximation of such a document is the Constitution Act 1867, which was originally named the British ... More


The Canadian Charter of Rights: Recognition, Redistribution, and the Imperialism of the Courts

Judy Fudge

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0018
Subject:
Law, Human Rights and Immigration

This chapter assesses the impact of the Canadian Charter of Rights on respect for human rights, democratic practices, and political discourses in Canada to see what broader lessons, if any, can be ... More


Rights

Paul Craig

in EU Administrative Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296811
eISBN:
9780191700811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296811.003.0014
Subject:
Law, EU Law

This chapter analyses the role of rights in the Community legal order and their impact on judicial review. It begins with a discussion on the ... More


European Union Law and Policy: Balancing Paid Employment and Unpaid Care within a Market Order

Nicole Busby

in A Right to Care?: Unpaid Work in European Employment Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579020
eISBN:
9780191725296
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579020.003.0005
Subject:
Law, Employment Law

This chapter considers the ‘fit’ of the proposed right to care within the pre-existing EU legal and policy framework. The appropriate body of law and policy aimed at reconciling personal and ... More


General principles and equal treatment

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0003
Subject:
Law, EU Law, Human Rights and Immigration

This chapter sets out the role of the general principles in the Union legal order and the sources of those principles. A discussion of the anti-discrimination provisions of the European Convention on ... More


Law and Religion

Roger Trigg

in Religion in Public Life: Must Faith Be Privatized?

Published in print:
2008
Published Online:
October 2011
ISBN:
9780199543670
eISBN:
9780191701313
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543670.003.0009
Subject:
Religion, Philosophy of Religion, Religion and Society

This chapter discusses the Canadian charter, the use of Sunday, charter values or Christian principles, teaching traditional morality, and same-sex marriage. The first section discusses Canada's ... More


The Evolution of Consumer Protection and Human Rights

Iris Benöhr

in EU Consumer Law and Human Rights

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199651979
eISBN:
9780191747885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651979.003.0003
Subject:
Law, EU Law, Company and Commercial Law

This chapter explores the intersection of consumer protection and human right. Recent years have seen a progressive convergence of fundamental rights and consumer protection in EU law. This chapter ... More


Social and Labour Rights under the EU Constitution

Brian Bercusson

in Social Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.003.0009
Subject:
Law, EU Law

This chapter addresses the recurrent question of justiciability, and, relatedly, indivisibility, tackling the question of social rights under the new, although now ill-fated European Union ... More


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