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British and Canadian public law in comparative perspective / [edited by] Ian Loveland.

Contributor(s): Material type: TextTextPublisher: London [England] : Hart Publishing, 2021Distributor: [London, England] : Bloomsbury Publishing, 2021Edition: First editionDescription: 1 online resource (368 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509931125
  • 9781509931101
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 323 23
LOC classification:
  • K3241 .B73 2021eb
Online resources:
Contents:
Preface -- List of Contributors -- Acknowledgements -- 1. Introduction Ian Loveland -- 2. Assisted Suicide / Carmen Draghici -- 3. Voting Rights for Prisoners / Susan Easton -- 4. The Horizontal Impact of the Charter and the Human Rights Act / Nicholas Bamforth -- 5. Public Law, Private Law, Libel Law / Ian Loveland -- 6. Criminalising Pornography / Gavin Phillipson and Tara Beattie 7. 'Labouring under the Canadian Constitution' Revisited / Keith Ewing -- 8. Wearing Religious Symbols / Nick Hatzis -- 9. Raising Children in Accordance with Unorthodox Religious or Cultural Beliefs / Rachel Taylor -- Index.
Summary: "This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, and the law regulating libel actions brought by politicians. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts."-- Provided by publisher.
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Includes index.

Preface -- List of Contributors -- Acknowledgements -- 1. Introduction Ian Loveland -- 2. Assisted Suicide / Carmen Draghici -- 3. Voting Rights for Prisoners / Susan Easton -- 4. The Horizontal Impact of the Charter and the Human Rights Act / Nicholas Bamforth -- 5. Public Law, Private Law, Libel Law / Ian Loveland -- 6. Criminalising Pornography / Gavin Phillipson and Tara Beattie 7. 'Labouring under the Canadian Constitution' Revisited / Keith Ewing -- 8. Wearing Religious Symbols / Nick Hatzis -- 9. Raising Children in Accordance with Unorthodox Religious or Cultural Beliefs / Rachel Taylor -- Index.

Abstract freely available; full-text restricted to individual document purchasers.

"This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, and the law regulating libel actions brought by politicians. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts."-- Provided by publisher.

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Mode of access: World Wide Web.

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