Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Canada; Constitutional law; Diversity; Canadian Charter of Rights and Freedoms; Section 7; Supervised injection site; Insite; Choice (1)
- Canada; Constitutional law; Diversity; Canadian Charter of Rights and Freedoms; Section 7; Supervised injection site; Insite; Choice; Law and Geography; Right to the City (1)
- Japan; Constitutional Law; Judicial Conservatism; Judicial Review (1)
- Japan; Constitutional Law; Supreme Court; Precedent (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Insite: Site And Sight (Part 1 - Insights On Insite), Margot Young
Insite: Site And Sight (Part 1 - Insights On Insite), Margot Young
All Faculty Publications
The Insite case is a great study for students of constitutional law. The twinning of a claim of inter-jurisdictional immunity - in a somewhat novel application to provincial jurisdiction - to the assertion by some of Canada's most marginalized citizens of the fundamental freedoms of life, liberty, and security of the person delivers a compact and compelling recitation of basic features of Canada's constitutional landscape. The case is set in the landscape of the Vancouver's Downtown East-side (DTES) - a geography of spatial outcomes that reflects balances of economic and social power and displacement. This place has a specific demography …
Context, Choice, And Rights: Phs Community Services Society V. Canada (Attorney General), Margot Young
Context, Choice, And Rights: Phs Community Services Society V. Canada (Attorney General), Margot Young
All Faculty Publications
Constitutional law cases that revolve around the rights or circumstances of those groups most marginalized in Canadian society are not frequent cause for celebration. Typically, these cases push the boundaries of classical liberal understandings of the rights our Canadian Charter of Rights and Freedoms protects, asking the courts to recognize social and economic dimensions to liberties that are traditionally and popularly more narrowly construed. Such demands are more often than not sidestepped (or rejected outright) by courts, with the result that activist agendas focusing on leveraging Charter rights to achieve significant social change are less compelling than initially imagined. It …
Why Is The Japanese Supreme Court So Conservative?, Shigenori Matsui
Why Is The Japanese Supreme Court So Conservative?, Shigenori Matsui
All Faculty Publications
The Constitution of Japan, enacted on November 3, 1946, and effective as of May 3, 1947, gave the judicial power to the Supreme Court and the inferior courts established by the Diet, the national legislature, and gave the power of judicial review to the judiciary. Equipped with the power of judicial review, the Japanese Supreme Court was expected to perform a very significant political role in safeguarding the Constitution, especially its Bill of Rights, against infringement by the government. Yet, it has developed a very conservative constitutional jurisprudence ever since its establishment. This article examines why the Japanese Supreme Court …
Constitutional Precedents In Japan: A Comment On The Role Of Precedent, Shigenori Matsui
Constitutional Precedents In Japan: A Comment On The Role Of Precedent, Shigenori Matsui
All Faculty Publications
Japan is a civil law country, and the precedent of the Supreme Court is not binding on either the Supreme Court itself or lower courts. Judges are supposed to return to the text of the statute for each legal dispute and apply the rules to specific cases. Judicial decisions are not law to be applied by the courts. However, since judges have followed the precedent of the Supreme Court most of the time, these precedents have a de facto binding power even though they are not legally binding. In this Comment, the author focuses on constitutional law precedents to illustrate …