Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
Law and Contemporary Problems
In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Law and Contemporary Problems
The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Law and Contemporary Problems
Canada's Constitution Act of 1982 is discussed. The act changed the way in which amendments to Canada's constitution were made. Previously, the Imperial Parliament made the amendments.
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Law and Contemporary Problems
Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Law and Contemporary Problems
The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
Law and Contemporary Problems
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.
Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton
Federalism Under Fire: The Role Of The Supreme Court Of Canada, Katherine Swinton
Law and Contemporary Problems
The role of the Supreme Court of Canada in the country's federal system is discussed. Globalization will have an important impact on interpretation of the Canadian Constitution. The special status of Quebec will also have to be taken into account.
The Rights Of The Mentally Ill Under State Constitutions, Alan Meisel
The Rights Of The Mentally Ill Under State Constitutions, Alan Meisel
Law and Contemporary Problems
No abstract provided.
The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky
The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky
Law and Contemporary Problems
No abstract provided.