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Providing Essential Services: Canada's Constitutional Commitment Under Section 36, Aymen Nader Oct 1996

Providing Essential Services: Canada's Constitutional Commitment Under Section 36, Aymen Nader

Dalhousie Law Journal

This paper explores the history of constitutional negotiations that have led to the entrenchment of section 36 of the Constitution Act, 1982. The author argues that the intention of the federal proponents of this section was to entrench the federal spending power. The author further demonstrates that section 36 entails not just constitutional recognition of the spending power, but also a constitutional commitment or obligation for the exercise of that power to provide "essential public services of a reasonable quality to all Canadians" s. 36 (1)(c).


The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot Jan 1996

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …


Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches Jan 1996

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …


Gift Or Loan Of State Money Jan 1996

Gift Or Loan Of State Money

Touro Law Review

No abstract provided.