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The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway
Dalhousie Law Journal
Coming as it does in the midst of all the palaver over political correctness within the American academic community, The Hollow Hope is, if nothing else, an opportune articulation of iconoclasm in the debate over civil rights and constitutional law in the United States.' Professor Rosenberg's questioning of the "cult of the court" provides a welcome expression of healthy skepticism towards an institution which conventional myth reveres beyond its due.
Does Canada Need A Social Charter?, Matthew Certosimo
Does Canada Need A Social Charter?, Matthew Certosimo
Dalhousie Law Journal
Over the decade since the birth of the Canadian Charter of Rights and Freedoms, expectations that it would impact greatly on the lives of Canadians have gone largely unfulfilled for those regarded as being the most in need of its protection. A recent decision of the Nova Scotia County Court has reminded critics that the narrow interpretation given the Charter'se quality2 and security oftheperson3 provisions, particularly with regard to social and economic rights, excludes from its purview the well-being of Canadians in economic need.
The Constituents Of Democracy: The Individual In The Work Of Madame Justice Wilson, Danielle Pinard
The Constituents Of Democracy: The Individual In The Work Of Madame Justice Wilson, Danielle Pinard
Dalhousie Law Journal
I shall attempt to share with you the impression I have of Judge Wilson's conception of the individual. I will try to present a general view of what occurred to me as I went through the opinions she wrote while at the Supreme Court of Canada, alone or with the assent of her colleagues, dissenting or in agreement with the majority.' I shall try to put together, as honestly as possible, what she explicitly said on the subject in question.
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
Dalhousie Law Journal
To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.
Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson
Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson
Dalhousie Law Journal
In the remainder of this paper I will consider Justice Wilson's contribution to Canadian constitutional law. The paper has three parts. Each has a different theme, although the themes overlap in places. I have given these themes labels, each reflecting, I believe, a significant feature of Justice Wilson's constitutional thinking and writing. The labels are Justice Wilson as - Patriot, Visionary and Heretic. In the next three parts of this paper I will deal with each of these themes, with reference principally to her decisions in Charter cases but also with occasional references to her decisions in other categories of …
Tribute To Madame Justice Bertha Wilson, Foreword, And Preface, A Kim Campbell
Tribute To Madame Justice Bertha Wilson, Foreword, And Preface, A Kim Campbell
Dalhousie Law Journal
On behalf of the Government of Canada, I am pleased to convey my best wishes to all those participating in 'The Democratic Intellect" Symposium being hosted by Dalhousie Law School in honour of Madame Justice Bertha Wilson's contribution to the law and to the life of Canada.