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Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Richard Kay
Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).
The European Convention On Human Rights And The Control Of Private Law, Richard Kay
The European Convention On Human Rights And The Control Of Private Law, Richard Kay
Richard Kay
This article explores the evolution of the European Convention on Human Rights' applicability in private law through the development of the concept of positive obligations on states party. It explores the case law of the European Court of Human Rights primarily through the case of Pla and Puncernau v . Andorra, looking at the Court's willingness to review domestic courts' interpretation and regulation of private transactions. It considers the impact of this jurisprudence in the context of other doctrinal instruments emphasizing the consequent potential expansion of the Court's jurisdiction