The necessity and appropriateness of the powers provided to governments via such legislation as the Patriot Act in the United States and the Anti-Terrorism Act in Canada, for example - power to override or temporarily suspend certain rights that have long been considered fundamental features of modern liberal democracies - have been the focus of passionate debate among politicians, civil rights advocates, academics, and members of the general public. Through an examination of laws and judicial decisions, Dayan documents the ways in which the terms "cruel" and "unusual" have been manipulated, (re)defined so as to not merely undermine whatever degree of protection they might have afforded individuals against abusive treatment, but also to dehumanize those subject to such treatment and th...
The impact of international law on judicial independence has been influenced by international human rights treaties that contain principles on fair procedure and the right to be tried before an impartial and independent tribunal.2 International standards of judicial independence have made significant contributions to local rules, which have been reinforced by international jurisprudence.3 Some of the most influential international standards were drafted by professional nongovernmental and intergovernmental organizations. The Burgh House Prindples on the Independence of the International Judiciary,5 the International Bar Association's Code of Minimum Standards of 'Judicial Independence ("IBA Standards"),6 the Tokyo Principles on the Independence of the Judiciary in the Lawasia Region J ...
...Vic Toews, Canada's former Minister of Justice and Attorney General,... model for Montesquieu's separation-of-powers doctrine.18 Also, the Founding Fathers of the US C...
...In Canada, MDS Laboratory Services, based in Toronto, has ob... justice, the Court chose not to use its judicial power, rather referring these issues to the U.S. C...
...Separation-of-powers principles, and the history that influenced their ... have been denied meaningful access to a judicial forum for years. Pp. 42-44. . . (b) Historically,..., British courts could issue the writ to Canada, notwithstanding the fact that Canadian courts als...
... effect January 1, 2010, is to make the judicial system more accessible and more affordable. Among ... and documentary discovery, increase the powers of the Court on a motion for summary judgment, and... to the guidelines set out in The Sedona Canada Principles Addressing Electronic Discovery (Rule 2...
... presidential agencies was dealt with judicially but once. This was in the decision of the United S...The first agreement was with Canada and provided for the creation of a Permanent Joint...
... SANCTIONS PURSUANT TO ITS CHAPTER VII POWERS? A. In General, Are International Legal Norms Appl... noteworthy international and domestic judicial challenges to the Security Council's Taliban/A1-Qa...(76) . Upon assessing the impact of the Canada's implementation legislation for the 1267 sanction...
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 ...
...'s seminal 1964 work, The Elements of Judicial Strategy, and more recently, Epstein and Knight's ...In conferring important new political powers on judges, it has made the courtroom a more pervas...
...Dignity as Intrinsic Worth in Judicial Decisions 1. Privacy 2. Sixth Amendment Right to S..., (18) then we would do well to consider the power and meaning of the word in particular cases dealin... such as the United States, France, and Canada, where dignity does not appear in constitutional d...
..., why would politicians who hope to exercise power in the future want independent judges capable of t...Canada uses some judicial appointment commissions at the ...
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