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Constitutional Law

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2023

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Islamic Law And Colonialism, Rabiat Akande, Halimat Adeniran Jan 2023

Islamic Law And Colonialism, Rabiat Akande, Halimat Adeniran

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No abstract provided.


Renewing Freedom Of Expression, Part Two: From The Contextual Approach To Proportionality Balancing, Jamie Cameron Jan 2023

Renewing Freedom Of Expression, Part Two: From The Contextual Approach To Proportionality Balancing, Jamie Cameron

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This article continues the project to renew the Charter’s methodology of expressive freedom in two parts. Part One explained that the Court’s approach to s.2(b) decision making is skewed against expressive freedom and must be addressed holistically, under ss.2(b) and s.1. (see J. Cameron, “Resetting the Foundations: Renewing Freedom of Expression under Section 2(b) of the Charter”, in B. Bird and D. Ross, eds., Forgotten Foundations of the Canadian Constitution. (LexisNexis Canada, 2022). Part One provided a critique of the current methodology, addressed the meaning of freedom under s.2(b), proposed a revised standard of breach, and sketched a …