1,721,082 research outputs found
The Legislature, The Executive and The Courts: The Delicate Balance of Power or Who is Running This Country Anyway?
Full text linkThe expanding role of Canadian courts since the introduction of the Charter has prompted critics to decry what they see as excessive and anti-democratic judicial activism. The author addresses such criticisms, responding, in particular, to the arguments of Ted Morton and Rainer Knopff. The article critiques the basic elements of Morton/Knopf\u27s thesis: that activist courts are anti-democratic, excessively political, and engaging in illegitimate law-making. Rejecting the claim that Canada\u27s judiciary is a less democratic state institution, the author notes the powerful law and policy-making role performed by the federal cabinet-for practical purposes, an unelected body. The author endorses the dialogue in which courts and legislators have engaged since 1982. This dialogue, he argues, is not only democratic, but also ensures accountability for the judiciary, the legislature, and the executive. Referring to recent Supreme Court of Canada decisions, the author suggests that critics of interventionist courts harbor a narrow and simplistic majoritarian view of democracy, rather than a more nuanced and rights-sensitive concept of enhanced democracy. Such critics also seem more displeased with the substance of activist decisions than with the legitimacy of the courts in rendering them. The author concludes that Canadian courts are performing their appropriate constitutional role, and are generally doing so effectively
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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Human Rights and Education: Problems and Prospects
No full textIn this article the author explores issues relating to equality of educational opportunity. He discusses how employing human rights concepts can help render an education system more inclusive. After explaining briefly how exclusion and discrimination occur in the school system, both directly and systemically, the author uses three case studies to elaborate his general them.
Under discrimination on the basis of disability, the author explains the traditional approach taken by the courts to special education, as expressed in Bale v Central Okanagan School District 23, and then goes on to analyze the change in judicial direction embodied in Eaton v Brant (County) Board of Education. In Eaton, the Ontario Court of Appeal reversed the trend of administrative deference and left no doubt that the onus law on a school board to prove than an exclusionary placement of an exceptional pupil was justifiable under section 1 of the Charter.
The second exclusionary context the author discusses is racism. He briefly reviews the American experience, explaining how the separate but equal doctrine legitimating racially segregated schooling was eventually successfully challenged and obliterated in the landmark case Brown v Board of Education. The article also explores systemic discrimination in the form of inequitable funding of school districts which are often ethnically insular. While a constitutional challenge based on such an argument was rejected by the U.S. Supreme Court in San Antonio Independent School District v Rodriguez, the author believes such arguments are not beyond the hope of success under the Canadian Charter, in light of the wording of sections 15 and 27. He briefly discusses some initiatives undertaken by provincial Ministries of Education to address racial exclusion in the school system.
Finally, the author explains how the role of teachers as moral exemplars can affect the inclusiveness of schools. He uses the Malcolm Ross case from New Brunswick to illustrate that human rights tribunals and courts are more than willing to place constraints on teachers\u27 freedom of speech and expression, even outside of school, to promote an egalitarian school environment. The article concludes with a brief discussion of some administrative initiatives underway in Nova Scotia schools to address concerns about systemic discrimination
Human Rights and Education: Problems and Prospects
No full textIn this article the author explores issues relating to equality of educational opportunity. He discusses how employing human rights concepts can help render an education system more inclusive. After explaining briefly how exclusion and discrimination occur in the school system, both directly and systemically, the author uses three case studies to elaborate his general them.
Under discrimination on the basis of disability, the author explains the traditional approach taken by the courts to special education, as expressed in Bale v Central Okanagan School District 23, and then goes on to analyze the change in judicial direction embodied in Eaton v Brant (County) Board of Education. In Eaton, the Ontario Court of Appeal reversed the trend of administrative deference and left no doubt that the onus law on a school board to prove than an exclusionary placement of an exceptional pupil was justifiable under section 1 of the Charter.
The second exclusionary context the author discusses is racism. He briefly reviews the American experience, explaining how the separate but equal doctrine legitimating racially segregated schooling was eventually successfully challenged and obliterated in the landmark case Brown v Board of Education. The article also explores systemic discrimination in the form of inequitable funding of school districts which are often ethnically insular. While a constitutional challenge based on such an argument was rejected by the U.S. Supreme Court in San Antonio Independent School District v Rodriguez, the author believes such arguments are not beyond the hope of success under the Canadian Charter, in light of the wording of sections 15 and 27. He briefly discusses some initiatives undertaken by provincial Ministries of Education to address racial exclusion in the school system.
Finally, the author explains how the role of teachers as moral exemplars can affect the inclusiveness of schools. He uses the Malcolm Ross case from New Brunswick to illustrate that human rights tribunals and courts are more than willing to place constraints on teachers\u27 freedom of speech and expression, even outside of school, to promote an egalitarian school environment. The article concludes with a brief discussion of some administrative initiatives underway in Nova Scotia schools to address concerns about systemic discrimination
Human Rights and Education: Problems and Prospects
No full textIn this article the author explores issues relating to equality of educational opportunity. He discusses how employing human rights concepts can help render an education system more inclusive. After explaining briefly how exclusion and discrimination occur in the school system, both directly and systemically, the author uses three case studies to elaborate his general them.
Under discrimination on the basis of disability, the author explains the traditional approach taken by the courts to special education, as expressed in Bale v Central Okanagan School District 23, and then goes on to analyze the change in judicial direction embodied in Eaton v Brant (County) Board of Education. In Eaton, the Ontario Court of Appeal reversed the trend of administrative deference and left no doubt that the onus law on a school board to prove than an exclusionary placement of an exceptional pupil was justifiable under section 1 of the Charter.
The second exclusionary context the author discusses is racism. He briefly reviews the American experience, explaining how the separate but equal doctrine legitimating racially segregated schooling was eventually successfully challenged and obliterated in the landmark case Brown v Board of Education. The article also explores systemic discrimination in the form of inequitable funding of school districts which are often ethnically insular. While a constitutional challenge based on such an argument was rejected by the U.S. Supreme Court in San Antonio Independent School District v Rodriguez, the author believes such arguments are not beyond the hope of success under the Canadian Charter, in light of the wording of sections 15 and 27. He briefly discusses some initiatives undertaken by provincial Ministries of Education to address racial exclusion in the school system.
Finally, the author explains how the role of teachers as moral exemplars can affect the inclusiveness of schools. He uses the Malcolm Ross case from New Brunswick to illustrate that human rights tribunals and courts are more than willing to place constraints on teachers\u27 freedom of speech and expression, even outside of school, to promote an egalitarian school environment. The article concludes with a brief discussion of some administrative initiatives underway in Nova Scotia schools to address concerns about systemic discrimination
Safe and Inclusive Schools – Expensive...Quality Education – Priceless, for Everything Else There\u27s Lawyers!
No full textIn this article, drawn from his keynote address to the 2008 annual conference of the Canadian Association for the Practical study of Law in Education, the author considers the contentions question of whether the law and its agents, namely, lawyers, tribunals and courts, have been a boon or a burden to education and educators, whether frontline teachers or administrators and policy makers. He concludes that there is much evidence that the jurisprudence produced by courts and tribunals and the cooperative spirit that he believes has grown between educators and lawyers have benefited education, in general, and students\u27 rights in particular. While he acknowledges that much remains to be done, the author argues that the equality jurisprudence that has developed, particularly since the adoption of the Charter, has provided a beacon guiding educators toward the provision of more inclusive and respectful educational environments
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Safe and Inclusive Schools – Expensive...Quality Education – Priceless, for Everything Else There\u27s Lawyers!
No full textIn this article, drawn from his keynote address to the 2008 annual conference of the Canadian Association for the Practical study of Law in Education, the author considers the contentions question of whether the law and its agents, namely, lawyers, tribunals and courts, have been a boon or a burden to education and educators, whether frontline teachers or administrators and policy makers. He concludes that there is much evidence that the jurisprudence produced by courts and tribunals and the cooperative spirit that he believes has grown between educators and lawyers have benefited education, in general, and students\u27 rights in particular. While he acknowledges that much remains to be done, the author argues that the equality jurisprudence that has developed, particularly since the adoption of the Charter, has provided a beacon guiding educators toward the provision of more inclusive and respectful educational environments
Safe and Inclusive Schools – Expensive...Quality Education – Priceless, for Everything Else There\u27s Lawyers!
No full textIn this article, drawn from his keynote address to the 2008 annual conference of the Canadian Association for the Practical study of Law in Education, the author considers the contentions question of whether the law and its agents, namely, lawyers, tribunals and courts, have been a boon or a burden to education and educators, whether frontline teachers or administrators and policy makers. He concludes that there is much evidence that the jurisprudence produced by courts and tribunals and the cooperative spirit that he believes has grown between educators and lawyers have benefited education, in general, and students\u27 rights in particular. While he acknowledges that much remains to be done, the author argues that the equality jurisprudence that has developed, particularly since the adoption of the Charter, has provided a beacon guiding educators toward the provision of more inclusive and respectful educational environments
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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