The Forgotten Fundamental Freedoms of the Charter

The Forgotten Fundamental Freedoms of the Charter

Author:

Publisher:

Published: 2020

Total Pages: 476

ISBN-13: 9780433509349

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"Among the fundamental freedoms guaranteed by section 2 of the Charter, only a few have been paid significant attention. The others—freedom of conscience, thought, belief, opinion, the press, other media of communication, peaceful assembly, and association—have been largely forgotten to date. What do these freedoms protect? Why are they “fundamental” to a liberal democracy, and how might they be realized? And what do we still need to learn about the meaning of freedom generally?These questions and more are examined throughout this collection of essays, breaking new ground for human rights discourse in Canada and beyond and exploring the rich potential of the Charter’s “forgotten freedoms”. A recurring theme throughout is that these freedoms must not simply be “remembered”. If Canada is to be the free and democratic society contemplated by the Charter, these freedoms must also live and breathe within our constitutional practice."--


The Constitutional Protection of Freedom of Expression

The Constitutional Protection of Freedom of Expression

Author: Richard Moon

Publisher: University of Toronto Press

Published: 2000-01-01

Total Pages: 330

ISBN-13: 9780802078360

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Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.


Canadian Pluralism and the Charter

Canadian Pluralism and the Charter

Author: Derek B. M. Ross

Publisher:

Published: 2019

Total Pages: 350

ISBN-13: 9780433502470

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"The role of the state in resolving social tensions rooted in competing "sets of ultimate commitments" among citizens, and the role of the law in resolving such moral conflicts between the citizen and the state. How, and why, differences ought to be accommodated in a free and democratic society. The issues explored are becoming intensely pertinent as Canada's religious diversity increases, the state expands into areas traditionally seen as private, and state actors seek to promote certain 'values'."--


Canada’s Surprising Constitution

Canada’s Surprising Constitution

Author: Howard Kislowicz

Publisher: UBC Press

Published: 2024-05-01

Total Pages: 442

ISBN-13: 0774870079

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Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.


Essential Readings in Canadian Constitutional Politics

Essential Readings in Canadian Constitutional Politics

Author: Peter H. Russell

Publisher: University of Toronto Press

Published: 2011-01-01

Total Pages: 529

ISBN-13: 1442603682

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Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.


The UN Friendly Relations Declaration at 50

The UN Friendly Relations Declaration at 50

Author: Jorge E. Viñuales

Publisher: Cambridge University Press

Published: 2020-10-08

Total Pages: 1047

ISBN-13: 1108662307

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The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.