scholarly journals Quebec Bill 96 - Time For a Primer on Amending the Constitution

2021 ◽  
Vol 30 (3) ◽  
pp. 1-8
Author(s):  
Ian Peach

On May 13, 2021, the Government of Quebec introduced Bill 96, “An Act Respecting French, the Official and Common Language of Quebec” in the Quebec National Assembly.1 Bill 96 is a multi-faceted, and fairly sweeping, modernization of the Charter of the French Language, commonly known as Bill 101. It is primarily an attempt to use the power of the state to ensure that French is used more in Quebec, that more Quebecers are educated in French, and that anyone who wants to learn French has access to French lessons.2 As there is some evidence that French is being used less in Quebec than it has been in recent decades, the government wants to act to make French the “common language of Quebec,” as the Bill’s title suggests. While a number of the provisions of Bill 96 may violate the rights of the English-language minority in the province, which is a matter that should be of concern to all Canadians and the Government of Canada, I want to address another issue with the constitutionality of Bill 96. 1 Bill 96, An Act respecting French, the official and common language of Québec, 1st Sess, 42nd Leg, Québec, 2021 (first reading 13 May 2021), online: <www.m.assnat.qc.ca/en/travaux-parlementaires/projets-loi/ projet-loi-96-42-1.html> [An Act Respecting French]. 2 Kate McKenna, “Quebec seeks to change Canadian Constitution, make sweeping changes to language laws with new bill”, CBC News (14 May

1974 ◽  
Vol 12 (2) ◽  
pp. 231-244 ◽  
Author(s):  
Jan Pettman

Zambia inherited a system of government and administration in 1964 which was ill-suited to the tasks of political development to which her new leaders were dedicated. What little national unity and mobilisation had been achieved in the independence struggle declined with the removal of the common enemy. The Government rested on a fragile base, without the support of agreed rules and practices to limit and contain conflict, and without adequate instruments available for the implementation of its policies. So the search began for a more suitable political system, which could cope with the new needs of independence, and provide for the stability of the state and the survival of the Government.


Author(s):  
L. S. Pichkova

School of Business English prepare students for translation and abstracting economic texts, business correspondence and business communication originated in the late 1950s. Department of English Language № 2 pioneered the creation of the school of business English at MGIMO and made the largest contribution to its development. Developing and using the latest educational technology, actively participating in many innovative projects, responsive to changes in the economic and socio-political sphere and carefully studying the international experience, the Department has become the undisputed leader in language teaching profession. The emphasis is on the use of the advantages of a new method of object-language integrated learning, in which the program of teaching business English are built in close coordination with training programs on special subjects, and sometimes supplement them. Business games, round tables, student conferences in English have become long-term practice of the English Language № 2. Specialty permeates all stages and aspects of learning, including the common language practice.


2019 ◽  
pp. 75-90
Author(s):  
Henk Addink

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.


1982 ◽  
Vol 39 (2) ◽  
pp. 153-166 ◽  
Author(s):  
Donald Fithian Stevens

In the struggle sustained from time immemorial by the people with the haciendas, I shall be on the side of the people, once I obtain power.— Porfirio Díaz, 1876Given the importance of rural unrest in the destabilizing of Porfirian Mexico, it seems at least ironic to find these words attributed to Díaz during his Tuxtepec revolt. And, given the attention paid to the repressive elements of the Díaz dictatorship, one might easily argue that Díaz never intended to fulfill that promise, vague though it may be. A number of works seem to blame Díaz personally for the land problem which lead to his overthrow. Others maintain that Díaz remained aloof and was isolated from the common people; but by far the greatest number of works employ such amorphous or monolithic concepts as the “State,” the “Díaz regime,” “porjirismo,” or simply “the government” and focus exclusively on evidence of repression in Porfirian Mexico. Repression has attracted attention in part because it has been important in explaining dissatisfaction which lead to the Revolution of 1910 and in part because violence attracted a great deal of attention from contemporaries. This interest provides historians with more accessible sources while evidence of a more conciliatory attitude has remained hidden in the collection of Porfirio Díaz's presidential papers.


2015 ◽  
Vol 41 (1) ◽  
pp. 63-92
Author(s):  
Che-chia Chang

This paper is intended to explain the changes in the activities of the Imperial Academy of Medicine during the Qing dynasty (1644-1911). By tracing its precedents and comparing their functions, I will explain its role during the Qing dynasty. Furthermore, the seemingly hidebound institutional codes in fact reveal interesting information about the dynamics of the Academy. Through examining the impacts of the regulations on personnel and their careers, we are able to explain the very different requirements of the Qing rulers for their medical service. Up until the Ming period (1368-1644) there was an institutional boundary between medical services for the palace and those for the state, even though they shared the same personnel. The Qing was the first dynasty in which even this unclear line disappeared. In this sense, the Qing Academy did not simply copy the tradition of its predecessors. Instead, the services for the emperor’s individual needs became more and more central to its mission. Thus, the common people’s rather critical perceptions of the bureau were largely true. In spite of its increased emphasis on serving the imperial household, the Qing Academy retained its connections with the government. As an alien regime, the Manchu court’s concern for the security of its rulers was much higher than during the previous dynasty. To meet the needs of the new regime, the device of the Qing Academy emphasized fostering elites rather than selecting them. Now the Academy not only provided medical education to the junior members as in earlier periods, but also shaped them in behavior. This affected both the organization of the Imperial Medical Academy, and the strategies of the physicians employed in it.


Author(s):  
Richard Danakari

Introduction. The article examines the nature and essence of patriotism and friendship of peoples, their crucial role for the life of the Russian Federation. Over the past decades, radical changes have taken place in the political system of Russia, its social and ethnic structure, and a heterogeneous ethno-confessional society has been formed. The author shows that patriotism and friendship of peoples are the most important determinants, specific properties necessary for the integration of our multinational federation ensuring order and stability in the country, its sustainable and dynamic development, the gradual formation of new supra-ethnic and supra-confessional values, and general cultural identity. Methods. The combination of applying methods and approaches is the key to studying the theory and practice of patriotism, recognizing its procedural nature, unity and opposition in the activities of the state and society, the interests of the government, political parties and social groups. The use of the polyparadigmatic methodology in studying the nature and essence of patriotism, in particular, the activity and civilizational approaches, the synergetic method, dialectic categories made it possible to determine the complexity and continuity of the formation of patriotism and patriotic work, to reveal dynamism and conflict, general and special features in them. Analysis. Studying the real state of Russian society points to the weakness of systemic activities of patriotic education, preserving and strengthening the unity and friendship between nations. The lack of a common goal problematizes the search for a common patriotic idea, new foundations for Russian civilization, the common existence of nations, the construction of a welfare state and a harmonious society. Results. The article reveals inadequacy of the declared ideas of patriotism and friendship of peoples to the policy and practice of implementing neoliberal values and the priority of individualism. The author shows that the process of further fragmentation and stratification, alienation and separation of people according to racial, national, ethnic, cultural, religious, confessional, generational, professional and other characteristics continues in society. The transition of already atomized individuals from the ethnic mentality and national behavioral stereotypes to a single patriotic goal – the all-Russian identity – is formal. Today, the activity on the formation of patriotism and patriotic attitudes of consciousness does not affect the deep, essential foundations of society, is of a festival and manipulative nature, and in many respects concerns only the military sphere, tourism and sports. The notes mentioned create significant difficulties in understanding the idea of the common welfare, genuine and false in patriotism, the definition of objective interests of the state, authority and society, social groups and individual elites. Modern globalization inevitably involves taking into account the national interests of Russia, the search for optimal forms of interconnection of civilizational and universal principles.


2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.


2010 ◽  
Vol 11 (1) ◽  
pp. 21-49 ◽  
Author(s):  
HSIN-HUANG MICHAEL HSIAO ◽  
PO-SAN WAN ◽  
TIMOTHY KA-YING WONG

AbstractGlobalization has led to a redefinition of the functions and roles of the state. Based on data drawn from a cross-national social survey, this article examines the influences of globalization on the public's attitudes towards their state in Australia, China, India, Japan, Russia, and the United States, by focusing on satisfaction with government performance and demands on the government. The six countries differ extensively in their sociopolitical and technological situations, as well as in the experiences of their people with globalization in terms of the following aspects: connectivity with the world through personal ties and digital means, English language capacity, and support for the forces of globalization. There are also huge disparities in the public rankings of government performance and demands for expanding government spending in a wide range of policy areas. Our analysis reveals that, although both intra- and inter-country variations in the influences of globalization on public attitudes towards the state are not particularly prominent, those who support globalization not only are more inclined than others to be satisfied with the government's performance, but also demand more government intervention.


ARCTIC ◽  
2020 ◽  
Vol 73 (4) ◽  
pp. 421-432
Author(s):  
Leonard J.S. Tsuji ◽  
Zachariah General ◽  
Stephen R.J. Tsuji ◽  
Evelyn Powell ◽  
Konstantin Latychev ◽  
...  

On 1 April 1999, Akimiski Island of the western James Bay region of northern Ontario, Canada, was included in the newly formed territory of Nunavut, Canada—an Inuit-dominated territory—even though the Inuit had never asserted Aboriginal title to the island. By contrast, the Omushkegowuk Cree of the western James Bay region have asserted Aboriginal title to Akimiski Island. The Government of Canada by their action (or inaction) has reversed the onus of responsibility for proof of Aboriginal title from the Inuit to the Cree. In other words, the Government of Canada did not follow their own guidelines and the common-law test for proof of Aboriginal title. In this paper, we documented and employed Cree oral history as well as a sea-level retrodiction (based on state-of-the-art numerical modeling of past sea-level changes in James Bay), which incorporated a modified ICE-6G ice history and a 3-D model of Earth structure, to establish that criterion 2 of the test for Aboriginal title has now been fully met. In other words, Cree traditional use and occupancy of Akimiski Island was considered sufficiently factual at the time of assertion of sovereignty by European nations. As all the criteria of the common-law test for proof of Aboriginal title in Canada, with respect to Akimiski Island, have now been addressed, the Cree have sufficient basis to initiate the process of a formal land claim.


Afrika Focus ◽  
1991 ◽  
Vol 7 (3) ◽  
pp. 241-282
Author(s):  
Dirk Beke

The Algerian Constitution of 1989: A Bridge Between Socialism and Islamism? The riots of october 1988, the most violent uprising since independence against FLN-rule, forced president Chadli Bendjedid to accelerate and to extend the constitutional reforms announced earlier. An adaption of the constitutional law to the ongoing economic liberalization-process had become a necessity, but the popular pressure now not only asked economic changes, but also profound political reform. The new constitutional text was rapidly elaborated by a small circle of persons around the President and then submitted directly to a popular referendum. In contradiction with the procedure fixed by the previous constitution, the National Assembly was not involved nor even consulted. The constitution of 1989 generates an entirely new political regime. The word “socialism”, basis of the official doctrine since independence and largely confirmed by the provisions of the constitution of 1976, is banned completely. The new constitution also provides for the political responsibility of the Head of the Government and the members of the Government to the National People’s Assembly, and not any more to the President only. In the chapter on fundamental freedoms and the rights of man, it is explicitly provided that the State guarantees the right to form political associations. This new timorous formulation entails the end of the one-party system and the FLN’s exclusive hold on power. Some basic principles remain: Algeria is still considered a popular democratic state. Islam is the state religion and the official language is Arabic. No reference is made to the Berber language or culture. New is that the exercise of the guaranteed fundamental freedoms and rights can not be submitted any more to the imperatives of a socialist revolution. It is also stated that judges only obey to the law, they are not submitted any more to the revolutionary legality. A Constitutional Council is created to ensure that the constitution is respected but citizens have no right to submit a case, only the President and the President of the Assembly have. The tasks of the army are limited to safeguard the national independence and sovereignty,•the army has no duties any more to safeguard the socialist revolution. The introduction of a responsible Government affects the presidential powers only in a minor way. The President presides over the Council of ministers, where bills are discussed. The President can ask the Assembly for a second reading of a law and this new vote requires a two-thirds majority. Only the President has the initiative for a constitutional revision. The President chairs a number of other councils. Finally the declaration of the state of emergency is depending only on the decision of the President; this attributes him large exceptional powers. Thus, the constitution of 1989 confirms a strong presidential regime but on the other hand it has introduced a real multi-party system in Algeria. More than 20 political parties are recognised. During the local elections of 1990 the ruling FLN was defeated in most places by a massive victory of the islamic fundamentalist party, the FIS. A new electorial law, voted by the - still exclusive FLN - National Assembly beginning 1991, had to ensure a better result for the FLN during the forthcoming first free national elections. In June 1991 violent and even armed protest, organised by the fundamentalists against the law forced president Bendjedid to postpone elections, to declare the state of emergency but also to promise early presidential elections. Meanwhile many fundamentalists, and between them the main party-leaders, were arrested. The army played a crucial role in reestablishing public order and as a consequence gained more importance, but there were no signs that it exceeded its authority. Under present difficulties one wonders whether the constitution of 1989 will help to create a representative democratic multi-partyism, with an equitable liberal economy, whether it will help to open the way for a regime dominated by islamic fundamentalists?


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