Comments made by Justice Ruth Bader Ginsburg during her recent "listening tour" of Egypt have sparked controversy here in the U.S. Asked what models Egyptian officials should consult in drafting the country's new founding legal document, Ginsburg replied:"You should certainly be aided by all the constitution-writing that has gone on since the end of World War II. I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary... It really is, I think, a great piece of work that was done. Much more recent than the U.S. Constitution - Canada has a Charter of Rights and F...
Amnesty International, Freedom House, World Justice Project, ABA call reforms "important step"; Elections reportedly set for October to elect strengthened Parliament under new Constitution WASHINGTON, July 15, 2011 /PRNewswire-USNewswire/ -- Morocco is moving forward to implement the new Constitution adopted in its July 1 national vote, which is "a real charter of fundamental rights and freedoms and participatory democracy," said Driss El Yazami, President of Morocco's recently established independent National Human Rights Council (CNDH). El Yazami visited Washington, DC this week to discuss the Constitutional changes with U.S. officials, human rights groups, and legal experts. He urged reform advocates to support Morocco's efforts to strengthen democratic rights and the rule of law, wh...
Chalk one up for the Canadian government. Federal Court Judge Anne Mactavish ruled on March 12 that Afghan prisoners are not protected by Canada's Charter of Rights and Freedoms. They must, she said, rely on international law and Afghan law. The case was brought by Amnesty International and the British Columbia Civil Liberties Association. Previously, she had nevertheless expressed concern about "very troubling evidence" of "the type of torture practices that are employed in Afghan prisons. Secrecy is in the news. Challenges to secrecy involve the cases of Omar Khadr and Mohamed Harkat. While there has been a measure of success in Khadr's case, we need to wait and see with regard to Harkat. Khadr's defense lawyers have obtained from the military court the right to interrogate a "Lieute...
Despite the impressive body of scholarship dedicated to analyzing litigation involving the Charter of Rights and Freedoms in the Supreme Court of Canada, there remains an incomplete understanding of why these cases come to the Court. Notably absent from the literature is sustained analysis of why governments, the most frequent class of appellant, bring Charter cases to the Supreme Court. Recent work has addressed the decision to appeal by the U.S. federal government and state attorneys general and provides an excellent theoretical starting point. I use case data collected from interviews with federal government lawyers and law reports to test whether the Canadian federal government's decisions to appeal to the Supreme Court of Canada in Charter cases are also "procedurally rational." I ...
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