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Full-Text Articles in Public Law and Legal Theory

The Legal Basis Of Aboriginal Title, Brian Slattery Jan 1992

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.


Are Constitutional Cases Political?, Brian Slattery Jan 1989

Are Constitutional Cases Political?, Brian Slattery

Articles & Book Chapters

To argue that constitutional adjudication is political does not carry us very far unless we go on to specify what the pursuit of politics entails, the goals it seeks to attain, and the basic principles informing its practice. The word political has no clearly defined meaning in modern usage. Rather, it has the chameleon-like capacity to change colours so as to blend with a variety of different conceptual backgrounds. Of course, if we adopt an Aristotelian notion of politics as the pursuit of the common good of a community and the individual goods of its members, we can agree that …


The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery Jan 1982

The Constitutional Guarantee Of Aboriginal And Treaty Rights, Brian Slattery

Articles & Book Chapters

This paper proposes a workable framework for the application of the constitutional provisions dealing with Aboriginal and treaty rights in Canada.