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Full-Text Articles in Law
The Art Of Persuasion: International/Comparative Human Rights, The Supreme Court Of Canada And The Reconstitution Of The Canadian Security Certificate Regime, Graham Hudson
PhD Dissertations
In this dissertation, the author explores the jurisprudential foundations of the “relevant and persuasive” doctrine, which authorizes Canadian judges to rely on international and comparative human rights when interpreting the Charter of Rights and Freedoms. Viewed in its best light, this doctrine improves respect for human rights in two distinct ways: securing Canada’s compliance with its international human rights obligations and enhancing the responsiveness of state law to the global and multicultural context of Canadian society. However, actual jurisprudence suggests that the doctrine has helped undermine principles of respect for constitutional supremacy and respect for international law, in part because …
Spectacles Of Emancipation: Reading Rights Differently In India's Legal Discourse, Oishik Sircar
Spectacles Of Emancipation: Reading Rights Differently In India's Legal Discourse, Oishik Sircar
Osgoode Hall Law Journal
How does neo-liberalism change the way we understand rights, law, and justice? With postcolonial and post-liberalization India as its focal point, this article attempts to disrupt the linear, progressive equation that holds that more laws equals more rights equals more justice. This is an equation that has informed and been informed by fundamental rights jurisprudence and law reform, the enactment of legislation to guarantee socio-economic rights, and many of the strategies of social movement activism in contemporary India. This article argues that while these developments have indeed proliferated a public culture of rights, they have simultaneously been accompanied by the …