Constitutional Forum (Journal)
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Where did Trudeau go wrong? On the Question of Nationalism and Charter Patriotism in Canada
No full textIn an attempt to overcome national rival- ries, many will invoke the idea of constitutional patriotism. This idea, which serves as a collec- tive cement, is conceived as a rational commit- ment and loyalty towards the democratic and universal principles of liberal constitutions. The universalism of constitutional principles serves as a shield against national particular- isms. Indeed, this was precisely the intention of Jürgen Habermas, one of the most famous advocates of constitutional patriotism. With this political idea, Habermas set out to defeat Teutonic nationalism and its antimodern and chauvinistic manifestations. If nationalist pas- sions can be subdued, it would be with the help of such a “postnational” attitude
The Applicability of Section 7 of the Charter to Oil and Gas Development in Alberta
No full textWhen Albertans think about human rights in the context of oil and gas development, many think of Africa, and for good reason. Indeed, the tragic events that have unfolded in Sudan in recent years may come to mind. Few, however, will turn their minds to the possibility of human rights violations occurring in their own province. And yet, in at least three court applications over the past year or so, landowners have raised the spectre of the applicability of human rights law in the context of oil and gas development in Al- berta. Specifically, the possibility of the applica- tion of section 7 of the Canadian Charter of Rights and Freedoms is at issue.1 Arguments have been based on both aspects of section 7 — the right to life, liberty, and security of the person, and the right not to be deprived thereof except in accor- dance with the principles of fundamental justice (or procedural fairness), including rights to a fair hearing, to reasonable notice, and to reasons for a decision. Although no definite ruling has yet emerged, in none of these cases was it suggested that section 7 is inapplicable in the context of the actual and potential environmental and health impacts of oil and gas development (or other industrial development for that matter). Where there might have been doubt about this issue be- fore, there does not appear to be any now
La gestion de la diversité religieuse en milieu scolaire : le modèle « Made in Alberta »
No full text« Comment élever nos enfants ? » Il est dit que cette question, incontournable, requiert l’examen de nos plus fondamentales convictions éthiques. À l’école nous retrouvons, en micro- cosme, les grandes questions qui animent le dé- bat canadien en matière de langue, d’identité, de culture, et de religion. Le paradoxe canadien, ou comment entretenir une culture politique partagée tout en encourageant l’expression des particularismes, se traduit à l’école par le débat opposant l’école publique, source première de la formation d’une culture partagée, et les écoles à vocation religieuse, avatars du fait multination- al et multiculturel au Canada
CANADA AND QUEBEC PLAYING CONSTITUTIONAL CHICKEN: THE VIEW FROM AN AUSTRALIAN PEDESTRIAN
No full textCANADA AND QUEBEC PLAYING CONSTITUTIONAL CHICKEN: THE VIEW FROM AN AUSTRALIAN PEDESTRIA
R. V. CHAULK AND R. V. SWAIN: INSANITY AND THE CONSTITUTION
No full textR. V. CHAULK AND R. V. SWAIN: INSANITY AND THE CONSTITUTIO
A CONSTITUTIONAL REVOLUTION: ISRAEL\u27S BASIC LAWS
No full textA CONSTITUTIONAL REVOLUTION: ISRAEL\u27S BASIC LAW
"A CONSTITUTIONAL CONFERENCE ... SHALL BE CONVENED ...": LIVING WITH CONSTITUTIONAL PROMISES
No full text"A CONSTITUTIONAL CONFERENCE ... SHALL BE CONVENED ...": LIVING WITH CONSTITUTIONAL PROMISE