Constitutional Forum (Journal)
Not a member yet
551 research outputs found
Sort by
THE MORE THINGS CHANGE: SOVEREIGNTY, QUÉBEC AND THE NEW WORLD
No full textTHE MORE THINGS CHANGE: SOVEREIGNTY, QUÉBEC AND THE NEW WORL
RJR-MACDONALD V. CANADA ON THE FREEDOM TO ADVERTISE
No full textRJR-MACDONALD V. CANADA ON THE FREEDOM TO ADVERTIS
JUDICIAL INDEPENDENCE AND JUDICIAL ADMINISTRATION IN THE TOBIASS CASE
No full textJUDICIAL INDEPENDENCE AND JUDICIAL ADMINISTRATION IN THE TOBIASS CAS
SHARPE’S PERVERSE AESTHETIC
No full textRobin Sharpe1 was charged with possession of child pornography under section 163.1 of the Criminal Code.2 He argued that the section violated his freedom of expression under the Canadian Charter of Rights and Freedoms.3 The Supreme Court of Canada found that the provision prohibited the possession of visual representations that a reasonable person would view as depictions of explicit sexual activity with a person under the age of eighteen. The Court found that the sexual nature of the representations must be determined objectively. That is, it must be the “dominant characteristic.”4 In addition, the Court found that the section prohibited possession of written or visual materials that actively induce or encourage sexual acts with children.
SCIENTIFIC EXPERIMENTS ON ANIMALS AND CONSTITUTIONAL PRINCIPLE
No full textIt is a well-established principle that the division of powers in the Constitution Act, 18671 sets out an exhaustive list of legislative subjects.2 Thus, all “new” subjects of potential regulation in Canada, such as biotechnology, must fit within the established categories of authority. This article explores some of the ethical implications of this constitutional framework and approach when the subject under consideration is the welfare of animals used in research
THE SEARCH FOR REASONABLE LIMITS: IS OAKES RETIRED?
No full textTHE SEARCH FOR REASONABLE LIMITS: IS OAKES RETIRED? (Mandatory Retirement Cases
COMMITTEE FOR THE COMMONWEALTH OF CANADA V. CANADA: EXPRESSION ON PUBLIC PROPERTY
No full textCOMMITTEE FOR THE COMMONWEALTH OF CANADA V. CANADA: EXPRESSION ON PUBLIC PROPERT
CANADA AND QUÉBEC IN A NEW WORLD: THE PQ\u27S ECONOMIC PROPOSALS
No full textCANADA AND QUÉBEC IN A NEW WORLD: THE PQ\u27S ECONOMIC PROPOSAL
Spain’s Multinational Constitution: a Lost Opportunity?
No full textThe Spanish Constitution of 1978 provid- ed an opportunity for minority nationalities within Spain to achieve a degree of political au- tonomy not shared by others within the state. During the constituent process, the non-Span- ish speaking national communities of Catalonia and the Basque Country were the only political entities demanding political autonomy to ac- commodate their national identities in the new Constitution. Today, after thirty years of demo- cratic and constitutional development, we can see that the possibilities offered by the Spanish Constitution to recognize and accommodate the multinational character of the Spanish state have been lost. This article examines causes of this failure to take advantage of the possibilities provided by the Spanish Constitution to pro- vide for asymmetrical political autonomy for minority nationalities