The Court of Appeal for Ontario: Defining the Right of Appeal, 1792–2013 by Christopher MooreChristopher Moore. The Court of Appeal for Ontario: Defining the Right of Appeal, 1792–2013. The Osgoode Society for Canadian Legal History. University of Toronto Press. xxii, 338. $39.95

2016 ◽  
Vol 85 (3) ◽  
pp. 481-482
Author(s):  
Dale Gibson
Keyword(s):  
Legal History ◽  
University Of Toronto ◽  
The Right ◽  
Court Of Appeal

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

scholarly journals Case comment: the unauthorized use of the image of a football player in videogames as a violation of image rights in Brazil

2018 ◽  
Vol 1 (2) ◽  
pp. 119-122
Author(s):  
Paula Westenberger
Keyword(s):  
Public Interest ◽  
Football Player ◽  
Sao Paulo ◽  
São Paulo ◽  
Commercial Activity ◽  
The Right ◽  
Court Of Appeal ◽  
Public Person

This case comment analyses a decision by the São Paulo Court of Appeal in a case concerning whether the use of the image of a football player in a videogame, without the athlete's permission, constituted a violation of his image rights. The Court of Appeal found that the use of the image of a public person, without their consent, in a commercial activity with no relevant public interest to be protected, harms a fundamental personality right and generates the right to compensate for damages.

scholarly journals “The Maverick Constitution” — A Review of Canadian Maverick: The Life and Times of Ivan C. Rand, William Kaplan

2011 ◽  
Vol 48 (3) ◽  
pp. 795
Author(s):  
Matthew Lewans
Keyword(s):  
Legal History ◽  
University Of Toronto

(Toronto: University of Toronto Press for the Osgoode Society for Canadian Legal History, 2009)

scholarly journals The Islamic Law of Marriage and Inheritance in Kenya

2021 ◽  
pp. 1-25
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Case Law ◽  
Equal Rights ◽  
High Court ◽  
Personal Status ◽  
The Right ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Islamic Marriage

Abstract Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

THE PROBLEM OF ENFORCEMENT THE RIGHT TO PROTECTION ON APPEAL CASES IN COURT PROCEEDINGS

2018 ◽  
Vol 1 (2) ◽  
pp. 17-19
Author(s):  
Ильгиз Гарифуллин
Keyword(s):  
Court Proceedings ◽  
The Right ◽  
Court Of Appeal ◽  
Current Procedure

The problem of normative regulation of the debate procedures in the court of appeal is discussed. The author considers that the current procedure violates the adversarial principle of parties. At the same time, the defense team is more voidable. Considering the fact that the judicial pleadings are an integral part of the appellate litigation, a solution to this problem is proposed.

Enforcement

2016 ◽  
Keyword(s):  
National Security ◽  
Good Practice ◽  
Right To Know ◽  
Public Authorities ◽  
Codes Of Practice ◽  
The Supreme Court ◽  
The Right To Know ◽  
Appeal Process ◽  
The Right ◽  
Court Of Appeal

Chapter 6 deals with the ways in which public authorities may be encouraged and compelled to implement the right to know. A distinction is drawn between the powers of the Information Commissioner to promote good practice in accordance with the codes of practice outside the context of a particular request for information and the enforcement of such a request. Chapter 6 outlines the procedure for appealing to the Commissioner and the First-tier Tribunal and states how an appeal can come before the Upper Tribunal, the Court of Appeal, and the Supreme Court. It identifies the ways in which confidentiality is preserved during the appeal process: the closed material procedure and the national security appeals tribunal. It discusses the limits which the Courts have placed on ministerial vetoes; enforcement by contempt proceedings; and the position of third parties. The First-tier Tribunal Rules provide for their joinder.

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