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Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Dalhousie Law Journal
Much concern and disappointment has been expressed by jurists and human rights campaigners over the inaction ofnational judiciaries in reversing the effects of coups d'etat and other acts which result in the unconstitutional overthrow of democratically constituted governments Against this backdrop, the decisive steps taken b) the superior courts of Fiji to nullify the attempted destabilisation of that country's elected government in May 2000 was a trail-blazing development The author analyses the jurisprudence in this area and explains the implications of the Fijian judgments.
Deciding In The Heat Of The Constitutional Moment Constitutional Meaning And Change In The Quebec Secession Reference, Jonathon W. Penney
Deciding In The Heat Of The Constitutional Moment Constitutional Meaning And Change In The Quebec Secession Reference, Jonathon W. Penney
Dalhousie Law Journal
The Quebec Secession Reference addressed divisive issues with far-reaching implications for the Canadian constitutional order. Recently, commentators have called for a less traditional and more systematic approach to understanding the decision, and its place in the broader scheme of Canadian constitutionalism. Accordingly, this paper challenges the predominant narrative concerning the Quebec Secession Reference, which is largely judge-centred and shows little regard for the important historical, political, and popular forces so crucial to understanding the decision. The challenge is mounted through the work of Yale constitutional scholar Bruce Ackerman and his theory of constitutional moments. This paper uses Ackerman's criteria of …
A Constitutional Defence Of The Federal Ban On Human Cloning For Research Purposes, Jocelyn Downie, Jennifer Llewellyn, Françoise Baylis
A Constitutional Defence Of The Federal Ban On Human Cloning For Research Purposes, Jocelyn Downie, Jennifer Llewellyn, Françoise Baylis
Articles, Book Chapters, & Popular Press
Parliament's prohibition on cloning in the Assisted Human Reproduction Act has led to divergent views on the validity of the legislation. This article responds to an article in volume 29, no. 2 of this journal by Barbara Billingsley and Timothy Caulfield, who suggested that the federal ban would likely not survive a Charter challenge. Billingsley and Caulfield argued that scientific experiments are expressive acts, deserving of protection under section 2(b) of the Charter, which guarantees freedom of expression. In their view, both the breadth of the legislative objective and the proportionality of the measure would preclude the courts from finding …