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Full-Text Articles in Law

The Secession Reference And The Limits Of Law, Richard Kay Dec 2002

The Secession Reference And The Limits Of Law, Richard Kay

Richard Kay

When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …


Subject Unrest, Angela Harris, Frank Valdes, Jerome Culp Dec 2002

Subject Unrest, Angela Harris, Frank Valdes, Jerome Culp

Angela P Harris

No abstract provided.


Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto Dec 2002

Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it …


Neo-Positivismo E Pós-Positivismo Jurídico, Haradja L. Torrens Dec 2002

Neo-Positivismo E Pós-Positivismo Jurídico, Haradja L. Torrens

Haradja L Torrens

No abstract provided.


State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …


“La Eventual Modificación De La Directiva 85/374/Cee Relativa A La Responsabilidad Por Productos Defectuosos: La Aportación De La Jurisprudencia Del Tribunal De Justicia De Las Comunidades Europeas Al Debate Comunitario”, Luis González Vaqué Dec 2002

“La Eventual Modificación De La Directiva 85/374/Cee Relativa A La Responsabilidad Por Productos Defectuosos: La Aportación De La Jurisprudencia Del Tribunal De Justicia De Las Comunidades Europeas Al Debate Comunitario”, Luis González Vaqué

Luis González Vaqué

Protection of the consumer requires that all producers involved in the production process should be made liable, in so far as their finished product, component part or any raw material supplied by them was defective; for the same reason, liability should extend to importers of products into the Community and to persons who present themselves as producers by affixing their name, trade mark or other distinguishing feature or who supply a product the producer of which cannot be identified.