Constitutional Forum (Journal)
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CONSTITUTIONAL DIALOGUES BETWEEN COURTS AND LEGISLATURES: CAN WE TALK?
No full textThe topic we have been asked to address is Courts on Legislatures.1 This raises the issue about the nature of the relationship between courts and legislatures in a constitutional democracy (and for my purposes, I treat the executive and legislative branches as one). The relationship between courts and legislatures is complex and challenging. However, it need not be controversial and conflicted as long as each understands and respects the institutional role played by the other – and the dividing line between them
REPRESENTATION BY TERRITORY: A PROPOSAL FOR SENATE REFORM
No full textREPRESENTATION BY TERRITORY: A PROPOSAL FOR SENATE REFOR
THE NATURE OF EQUALITY: APPLES AND ORANGES / CHESTS AND BREASTS
No full textThe nature of equality: apples and oranges / chests and breast
Upper House Reform in Germany: the Commission for the Modernization of the Federal System
No full textAs the debate on a possible new second leg- islative chamber proceeds both in the United Kingdom (U.K.) and Canada, it is useful to note recent amendments to the German Con- stitution (Basic Law) affecting the federal up- per house of Parliament (Bundesrat). Despite all the differences among the House of Lords, the Canadian Senate,1 and the Bundesrat, there are some points on which a comparison is use- ful. Moreover, some of the impetus behind the German reforms — a conviction that there had been too much emphasis on cooperative feder- alism and too little on healthy competition — is reminiscent of debates about such matters in other federations in general, and Canada in particular
Charter Rights and Public Policy Choices: The Supreme Court and Public Finance
No full textOver the past two decades there have been numerous highly charged court cases involving claims that government program offerings and public spending fail to satisfy guarantees entrenched in the Canadian Charter of Rights and Freedoms.1 Calls for enhanced appeal mechanism in refugee determination,2 provincial health care coverage of hospital translation services for the deaf,3 equal leave provisions4 for both adoptive and birth parents, government coverage of autism treatment regimes,5 and access to health care provision rather than access to a waiting list6 all illustrate the intersection of the Charter with the allocation of the public purse
A REVIEW OF THE TAYLOR CASE: USING HUMAN RIGHTS LEGISLATION TO CURB RACIST SPEECH
No full textA REVIEW OF THE TAYLOR CASE: USING HUMAN RIGHTS LEGISLATION TO CURB RACIST SPEEC
THE SUPREME COURT ENTRENCHES PARLIAMENTARY PRIVILEGE OUT OF THE CHARTER\u27S REACH: DONOHOE V. CBC
No full textTHE SUPREME COURT ENTRENCHES PARLIAMENTARY PRIVILEGE OUT OF THE CHARTER\u27S REACH: DONOHOE V. CB
TERMINAL CARE, TERMINAL JUSTICE: THE SUPREME COURT OF CANADA AND SUE RODRIGUEZ
No full textTERMINAL CARE, TERMINAL JUSTICE: THE SUPREME COURT OF CANADA AND SUE RODRIGUE