Constitutional Law: Civil Rights: Power of Congress: Conspiracy against Negroes

1904 ◽  
Vol 2 (6) ◽  
pp. 483

2021 ◽  
Vol 39 (3) ◽  
pp. 47-51
Author(s):  
N. А. Gazimagomedova ◽  

The article discusses the problems of further improving the theory and legislation of constitutional law, as well as the practice of ensuring and protecting human and civil rights and freedoms in the Russian Federation based on the novels of the constitutional reform of 2020. All-Russian requirements in the regions of the North Caucasian Federal District.







1969 ◽  
pp. 355
Author(s):  
Nigel Bankes ◽  
Alastair R. Lucas

This article examines Alberta’s Bill 37, a provincial plan to reduce greenhouse gases and climate change, and explores the constitutionality of such legislation. Its main focus revolves around a constitutional analysis of Alberta's proposed legislation and its potential incompatibility with federal initiatives used to meet the Government of Canada's commitments under the Kyoto Protocol. In this discussion, the authors conclude that Bill 37 would likely be constitutionally valid under the provincial subject matter of property and civil rights, and possibly local undertakings and ownership of provincial public lands. However, the authors dismiss the argument that Alberta's legal position over any federal initiative would be bolstered by the Crown's ownership of provincial resources. The article then looks to the federal government's Kyoto commitments and analyzes the constitutionality of possible federal initiatives under the federal subject matters of taxation, criminal law, trade and commerce and POGG. With both the Alberta and federal plans analyzed, the authors then discuss the potential incompatibility of the plans through three possible scenarios. The article concludes with a brief discussion of the other cooperative measures, such as equivalency agreements and incorporation by reference, which the federal and provincial governments may use to combat the issue of climate change.



2011 ◽  
Vol 57 (1) ◽  
pp. 189-209
Author(s):  
Morris J. Fish

Alcohol has exerted a staggering influence on the Canadian constitution. It was a prominent feature of daily life in the young Dominion, much to both the delight and chagrin of many. The temperance movement exerted its own influence on both the federal and provincial legislatures. Without “alcohol” as a head of power, the legislatures claimed control over this seeming, social evil sometimes under “Peace, Order and Good Government”, “criminal law”, or “Trade and Commerce”; at other times under “Property and Civil Rights”, “Local Matters”, and so forth. Court challenges abounded; the result was, in part, the judiciary’s failure to walk a straight line toward a clear division of powers between the federal and provincial governments. But the result was also many of the doctrines of division of powers that still form part of Canadian constitutional law. Beyond its impact on the division of powers, alcohol was also at the root of Canada’s most important decision on the rule of law: Roncarelli—a decision argued and won by the late F. R. Scott.



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