Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Law (2)
- Administrative law (1)
- Arar commission (1)
- Canada (1)
- Charter of Rights and Freedoms (1)
-
- Commissions of inquiry (1)
- Deconstruction (1)
- Inquiry (1)
- John Lock 1632-1704 (1)
- Jurisprudence (1)
- Lacobucci Inquiry (1)
- Postmodernism (1)
- Pragmatism (1)
- Public inquiry (1)
- Public policy (1)
- Religion (1)
- Religious freedom (1)
- Statutory interpretation (1)
- Structural principles (1)
- Tolerance (1)
- Toleration (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
LLM Theses
The Canadian Charter of Rights and Freedoms guarantees every person in Canada freedom of conscience and religion. I contend that the concept of religious freedom was born out of a history of religious suffering and originally took the form of John Locke’s toleration of religious differences. In Big M, the first Supreme Court of Canada case that interpreted s. 2(a), Chief Justice Dickson recognized the historical context of religious freedom but also tied it to human autonomy, equality, and dignity. An examination of the cases since Big M suggests that when courts think in terms of tolerance, they accord greater …
Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper
Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper
LLM Theses
This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.
The Role Of Judicial Discourse In Distorting The Public Inquiry Image: Is The Inquiry Becoming An Endangered Species?, Diana Morokhovets
The Role Of Judicial Discourse In Distorting The Public Inquiry Image: Is The Inquiry Becoming An Endangered Species?, Diana Morokhovets
LLM Theses
The goal is to explore the construction of the Public Inquiry image and its persona via judicial decision-making and legal discourses that are utilized to justify the final product of an inquiry. For instance, while the commissioner is generally equipped with extensive coercive and discretionary powers, there is scarcely any research on why these powers are exercised the way that they are and how (or if) the decisions that are made condition the public image of the inquiry and their ultimate impact on the survival of the institution. Specifically, it will be argued that despite the fact that a judge-commissioner …