Queen of Canada and Not of Babylon: The Constitutional Status of the Crown in Canada and Freedom of Religion

2015 ◽  
Vol 17 (02) ◽  
pp. 194-202
Author(s):  
M H Ogilvie
Keyword(s):  
Attorney General ◽  
Roman Catholic ◽  
The Other ◽  
Equality Rights ◽  
Statutory Requirement ◽  
Canadian Citizenship ◽  
Legislative Changes ◽  
Equality Provision ◽  
The Uk ◽  
Court Of Appeal

In August 2014 the Court of Appeal for Ontario handed down two decisions concerned with the constitutional status of the Crown in Canada in relation to freedom of conscience and religion pursuant to the Canadian Charter of Rights and Freedoms. In one decision,Teskey v Canada (Attorney General), the court denied that the UK legislative changes to the succession rules to which Canada agreed constituted an infringement of the religious equality rights of a Canadian Roman Catholic pursuant to section 15 (the equality provision) of the Charter. In the other decision,McAteer v Canada (Attorney General)the court denied that the statutory requirement that a person take an oath to Her Majesty as Queen of Canada to obtain Canadian citizenship constituted an infringement of the freedoms of conscience, religion and expression provisions in sections 2(a) and 2(b) of the Charter of persons who regarded her as an ‘Anglican Queen’.

Blackburn v Attorney General [1971] 1 WLR 1037, Court of Appeal (Civil Division)

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Community ◽  
Attorney General ◽  
Public Law ◽  
The Government ◽  
The Uk ◽  
Court Of Appeal

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blackburn v Attorney General [1971] WLR 1037, Court of Appeal (Civil Division). This note concerns three issues, (i) the capacity of the government to enter into treaties, (ii) the ability of Parliament to legislate for the UK to enter the European Community, as was, and (iii) whether Parliament can place limits on its sovereignty, and that of future parliaments. The document also includes supporting commentary from author Thomas Webb.

Blackburn v Attorney General [1971] 1 WLR 1037, Court of Appeal (Civil Division)

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Community ◽  
Attorney General ◽  
Public Law ◽  
The Government ◽  
The Uk ◽  
Court Of Appeal

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blackburn v Attorney General [1971] WLR 1037, Court of Appeal (Civil Division). This note concerns three issues, (i) the capacity of the government to enter into treaties, (ii) the ability of Parliament to legislate for the UK to enter the European Community, as was, and (iii) whether Parliament can place limits on its sovereignty, and that of future parliaments. The document also includes supporting commentary from author Thomas Webb.

scholarly journals Les ordonnances de dédommagement et de restitution en droit pénal canadien

2005 ◽  
Vol 20 (3) ◽  
pp. 603-623
Author(s):  
Jacques Gagné
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Attorney General ◽  
Criminal Code ◽  
Supreme Court Of Canada ◽  
The Supreme Court ◽  
Victims Of Crime ◽  
Legislative Changes ◽  
Court Of Appeal ◽  
Limited Scope

This paper examines the constitutional law issue raised before the Supreme Court of Canada in the case of R. v. Anne Zelensky and the T. Eaton Co. Ltd. and the Attorney General of Canada, decided on May 1, 1978. Having discussed the judgment of the Manitoba Court of Appeal, the author proceeds to support the majority decision of the Supreme Court, as expressed by the Chief Justice, viz. that the provision for compensation orders in subsection 653(1) of the Criminal Code is intra vires the federal Parliament as part of the sentencing process. The paper then proceeds to draw a comparison between compensation orders under subsection 653(1) and probation orders under paragraph 663(2) e) of the same Code. Differences in the nature of these two classes of orders are brought out. In view of the limited scope for application of subsection 653(1) the author suggests a number of legislative changes. These changes would remove all the constitutional difficulties inherent in the present drafting of the subsection. They would also fashion a more efficient instrument for compensating victims of crime, while preserving the original purpose of rehabilitating the offender.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

Juan de Miralles and the American Revolution

1973 ◽  
Vol 29 (3) ◽  
pp. 359-375
Author(s):  
Helen Matzke McCadden
Keyword(s):  
New Jersey ◽  
American Revolution ◽  
Roman Catholic ◽  
The Other ◽  
General Officers ◽  
Burial Rites ◽  
The Common ◽  
The Church

In the Presbyterian burying ground at George Washington's encampment in Morristown, New Jersey, on April 29, 1780, Roman Catholic burial rites were performed for a distinguished emissary from Cuba. Dr. James Thacher, army surgeon, recorded the obsequies in his Journal thus:His Excellency General Washington, with several other general officers and members of Congress, attended the funeral solemnities, and walked as chief mourners. The other officers of the army, and numerous respectable citizens, formed a splendid procession, extending about one mile. The pall-bearers were six field officers, and the coffin was borne on the shoulders of four officers of the artillery in full uniform… A Spanish priest performed service at the grave, in the Roman Catholic form. The coffin was inclosed in a box of plank, and all the profusion of pomp and grandeur were deposited in the silent grave, in the common burying-ground, near the church at Morristown.

The Contours of the Non-Lutheran Reformation in Germany, 1522–1546

2021 ◽  
Vol 101 (2-3) ◽  
pp. 167-174
Author(s):  
James M. Stayer
Keyword(s):  
Roman Empire ◽  
Middle Ages ◽  
Roman Catholic ◽  
Holy Roman Empire ◽  
The Other ◽  
Alternative View ◽  
Late Middle Ages ◽  
The Common

Abstract Among the common ways of portraying Reformation divides are the following categories: Magisterial vs Radical Reformations; or a “church type” vs a “sect type” of reform. This essay offers an alternative view. It underscores the differences between Lutherans and Anglicans on one side; and the Reformed, Anabaptists, and Schwenckfelders on the other. The Lutherans, like the Anglicans under Henry VIII, worshipped in altar-centered churches which were Roman Catholic in appearance. They presented themselves as reformers of Catholic errors of the late Middle Ages. By contrast, when the Reformed, Anabaptists, and Schwenckfelders met for worship, it was in unadorned Bible-centered meeting houses. The Anabaptists were targeted for martyrdom by the decree of the Holy Roman Empire of 1529 against Wiedertäufer (“rebaptists”). Contrary to the later memory that they practiced a theology of martyrdom, the preference of apprehended Anabaptists was to recant.

The UK courts and EU law post-Brexit

2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda
Keyword(s):  
Supreme Court ◽  
Transition Period ◽  
Case Law ◽  
Eu Law ◽  
National Courts ◽  
The Supreme Court ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
Court Of Appeal

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.

Regspraak: Novasie en delegasie van skuld – hoe raak dit die versekering van die tersake skuld?

2021 ◽  
Vol 2021 (2) ◽  
pp. 356-378
Author(s):  
JC Sonnekus ◽  
EC Schlemmer
Keyword(s):  
Supreme Court ◽  
The Other ◽  
Secured Debt ◽  
Personal Rights ◽  
The Supreme Court ◽  
Preferential Position ◽  
The Creation ◽  
D 20 ◽  
Court Of Appeal ◽  
Secured Creditors

Personal rights may be transferred by means of cession, and, in such an instance, the cedent (creditor) does not need the debtor’s permission, but once the debtor has been informed, the debt is redeemed only if he performs against the cessionary. If however, someone owes a debt, he (the debtor) can free himself of the obligation only if he redeems the debt, if he is released, or through the running of prescription. But sometimes it might be necessary that a restructuring of someone’s debts takes place or the debtor may want to be replaced with someone else who is willing to take over his obligation. This can be done only with the cooperation and agreement of the creditor. In such a case the debtor delegates his obligation to another person, who then becomes the new debtor of a new debt – the creditor relinquishes his right against the old debtor and accepts the new debtor and the new debt. The old debt no longer exists. It is also possible to rearrange the debt and create a new obligation which extinguishes the old debt – a novation takes place. This contribution starts with a discussion of these general principles and particularly the role that they (should) play when one is dealing with a secured debt which the debtor wants to delegate or when novation comes into play. This leads into a discussion of Wilke NO v Griekwaland Wes Korporatief Ltd (1327/2019) 2020 ZASCA 182 (23 Dec 2020) and the judgments in the earlier courts in which the supreme court of appeal and the other courts did not consider the implications of delegation and novation on an underlying debt when that debt was secured. Delegation and novation extinguish the underlying debt and any security right fortifying that debt is thereby also extinguished because of the principle of accessority. If the creditor requires the new debt to be secured, a new security right needs to be established by meeting all the requirements for the establishment of such security whether it is a right of suretyship or a real security right. A creditor must carefully consider agreeing to a delegation or novation of a secured debt since the implication is that he loses his secured and preferential position, and, even with the creation of a new security right, he loses the ranking he initially held in the line of secured creditors when a right of mortgage, for example, is at stake – qui prior est tempore potior est iure (D 20 4 11pr).

scholarly journals Investigating the Extent to Which Personality Traits and Demographics Affect Job Satisfaction

2016 ◽  
Vol 4 (1) ◽  
pp. 70 ◽  
Author(s):  
Muhammad Sajid Saeed
Keyword(s):  
Job Satisfaction ◽  
Personality Traits ◽  
Negative Relationship ◽  
Demographic Variables ◽  
The Other ◽  
Retail Sector ◽  
Primary Concern ◽  
Different Types ◽  
The Uk ◽  
Ranking Analysis

The primary concern of this paper is to investigatethe extent to which three variables (i.e. personality traits, demographic variables, and job satisfaction) are interrelated with each other and what effect they have on each other in relation to the UK retail sector. The four different types of retail stores i.e. Tesco, Primark, Ikea and WH Smith were selected for survey purpose to minimise the class biasness.Total 300 close-ended questionnaires were distributed and 220 responses were obtained.The findings reveal that ‘Neuroticism’ is negatively associated with job satisfaction as well as with ‘Extraversion’. However, it is positively correlated with other three personality groups including ‘Agreeableness’, ‘Conscientious’, and ‘Openness’. On the other hand, ‘Openness to experience’ has a negative relationship with ‘Agreeableness’.It is also found from the ranking analysis that employees with ‘Agreeableness’ and ‘Conscientiousness’ personalities are more successful in their career and consequently they are more satisfied with their jobs.

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