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Employing Older Prisoner Empirical Data To Test A Novel S. 7 Charter Claim, Adelina Iftene
Employing Older Prisoner Empirical Data To Test A Novel S. 7 Charter Claim, Adelina Iftene
Dalhousie Law Journal
This article builds the case for expanding s. 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons are highly insensitive to age-related problems, and inappropriate or insufficient medical treatment receives official sanction from a wide range of correctional documents. The stark inadequacies of the current system endanger older prisoners' security of the person, and sometimes their lives, in ways that violate their rights under s. 7, since the deprivations they suffer result from legislative policies and state conduct …
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
Dalhousie Law Journal
The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …
The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy
The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy
Dalhousie Law Journal
Is autonomy "natural"? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In 'Autonomy in the Anthropocene," the preceding article in this issue, Jason MacLean challenges the thesis of Ecolawgic. MacLean argues that autonomy is not a feature of neutral legal systems but a product of cultural norms and regulation. He maintains that Ecolawgic's prescription provides neither optimal economic outcomes nor effective environmental protection. …
Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean
Autonomy In The Anthropocene? Libertarianism, Liberalism And The Legal Theory Of Environmental Regulation, Jason Maclean
Dalhousie Law Journal
Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy's Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardyproposes an alternative model ofenvironmental law premised on the logic of ecosystems and free markets. Pardy's Ecolawgic suffers, however from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy …