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Some Recent Developments In Canadian Constitutional Theory With Particular Reference To Beatty And Hutchinson, Richard F. Devlin Frsc Jan 1996

Some Recent Developments In Canadian Constitutional Theory With Particular Reference To Beatty And Hutchinson, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

This article provides a critique of recent books by two prominent Canadian constitutional theorists - David Beatty's Constitutional Law in Theory and Practice and Allan Hutchinson's Waiting for CORAF: A Critique of Law and Rights. Devlin begins with a brief overview of the various positions that have been staked out in writing on the Canadian Charter of Rights and Freed oms during the last decade. He identifies three broad constituencies: Charter advocates who assume that rights are an "unqualified human good" and that judicial review is an important check on majoritarian zealotry; Charter critics who emphasize the undemocratic nature of …


A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin Jan 1996

A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin

Articles, Book Chapters, & Popular Press

Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …