scholarly journals La réforme des institutions centrales. Quelques jalons

2005 ◽  
Vol 25 (1) ◽  
pp. 173-188
Author(s):  
Gérald-A. Beaudoin
Keyword(s):  
Supreme Court ◽  
Federal Government ◽  
Proportional Representation ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
House Of Commons ◽  
Advantages And Disadvantages ◽  
The Supreme Court

« In this article the author envisages and studies the reform of the Senate, of the House of Commons and of the Supreme Court of Canada ; the function of the Governor General is also considered. A suggestion is made for introducing a system of mitigated proportional representation in the House of Commons, as proposed by the Pepin-Robarts report of January 1979. The authors analyses the advantages and disadvantages of an elected Senate, of a Senate whose members are appointed by the federal government or by the federal and provincial governments, of a second House which would constitute a House of the Provinces ; the author is aganist an equal representation of the provinces in the Senate. Professor Beaudoin favours a specialized constitutional Court of Canada, although he considers that such a reform is very unlikely to happen ; however, he adds that in any case, the Supreme Court is de facto a constitutional court to a certain extent. He recommends that the principle of dualism be more visible. Finally, the author describes how the function of Governor General has evolved since 1926, and outlines the role that the Governor General may play in normal and anormal times. »

The Right to Assisted Dying: Constitutional Jurisprudence and Its Impact in Canada, Germany and Austria

ICL Journal ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Kerstin Braun
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
Assisted Dying ◽  
Constitutional Courts ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Right ◽  
Constitutional Jurisprudence

Abstract Many states are grappling with the regulation of assistance in suicide and ending the life of another upon their request. Initially punishable in most countries, a growing number of jurisdictions have now introduced permissive frameworks decriminalising, to varying degrees, rendering assistance in dying. Other countries, however, have proceeded with the criminal prohibition and several courts have upheld the lawfulness of the respective criminal laws during human rights and constitutional challenges. Yet, the Supreme Court of Canada in 2015, the German Federal Constitutional Court in February 2020 and the Austrian Constitutional Court in December 2020 have respectively declared unconstitutional and void national criminal laws prohibiting rendering assistance in dying. This article first outlines the criminal law framework relating to assisted dying in Canada, Germany and Austria. It subsequently analyses the judgments before pondering their impact on the legal landscape in the three countries. The article concludes that while the Canadian Supreme Court decision appears to have had a significant impact on the introduction of subsequent legislation in Canada, the effects of the Constitutional Courts’ judgments seem much more subdued in Germany and are yet to unfold in Austria.

scholarly journals La Cour suprême et le rapatriement de la constitution : la victoire du compromis sur la rigueur

2005 ◽  
Vol 22 (3-4) ◽  
pp. 619-648
Author(s):  
Nicole Duplé
Keyword(s):  
Supreme Court ◽  
The Other ◽  
Supreme Court Of Canada ◽  
House Of Commons ◽  
Other Hand ◽  
The Supreme Court ◽  
Distribution Of Powers

On September the 28th 1981, the Supreme Court of Canada made public its opinion as to the constitutionaly of the Federal government's plan to repatriate and amend the B.N.A. Act. Modifications affecting provincial powers require, according to convention, the existance of which is recognized by six of the Judges, a certain degree of provincial consensus. The federal projet, contested by eight of the ten provinces, was therefore considered unconstitutional by a majority of the Judges. The Court mentioned furthermore that the federal plan, should it become law, would impinge upon the distribution of powers set forth in the B.N.A. Act. Seven of the nine Judges so deciding declared, on the other hand, that the Senat and House of Commons' resolution pertaining to the plan of repatriation and amendement was perfectly legal and that the British Parliament was, in law, the only authorized body to bring about the changes sought by said plan.

scholarly journals Cour suprême, Cour d'arbitrage ou Cour constitutionnelle ?

2005 ◽  
Vol 26 (1) ◽  
pp. 205-216
Author(s):  
Francis Delpérée
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
The Supreme Court ◽  
American Model ◽  
Different Types ◽  
German Model ◽  
Federal Constitutional

The comparative analysis of political societies can provide some models for those who are concerned with the reform of an institution. Three comparative models are presented here in the context of the discussion about the role and organization of the Supreme Court of Canada : the American model of a Supreme Court, the Belgian model of an Arbitration Court, and the German model of a Federal Constitutional Court. The different types of jurisdiction of these Courts as well as the different modes of designation of their members are discussed.

scholarly journals Open secularism and the RCMP turban debate

2020 ◽  
Vol 67 (1) ◽  
pp. 18-28
Author(s):  
Richard Mann
Keyword(s):  
National Identity ◽  
Supreme Court ◽  
Federal Government ◽  
Policy Change ◽  
Police Officers ◽  
Supreme Court Of Canada ◽  
Royal Canadian Mounted Police ◽  
The Supreme Court ◽  
The Impact ◽  
Newspaper Articles

This article examines newspaper articles and opinion pieces related to the 1989 and 1990 case of allowing RCMP (Royal Canadian Mounted Police) officers to wear turbans as part of their formal uniform. Many of those opposed to allowing for this change in RCMP policy demonstrate a sense of an assumed national identity that tends to label immigrants and people from non-European backgrounds as un-Canadian. Once the federal government approved this change in RCMP policy, some of the groups that opposed it attempted to bring it to the Supreme Court of Canada. The argument they made was one for closed secularism. The policy change, however, and the impact it had on Baltej Singh Dhillon, the first Sikh RCMP officer who became an officer and was allowed to wear his turban the results of which present a case for open secularism.

The Expanded Role of the Judiciary: The Supreme Court and the Charter

Federalism-E ◽  
1969 ◽  
Vol 15 (1) ◽  
pp. 65-77
Author(s):  
Jeremy Cavan
Keyword(s):  
Supreme Court ◽  
Legal Framework ◽  
Supreme Court Of Canada ◽  
House Of Commons ◽  
Supreme Court Ruling ◽  
Stare Decisis ◽  
Canadian Federalism ◽  
The Supreme Court ◽  
Policy Measures

The introduction of the Charter of Rights and Freedoms and the Constitution Act, 1982 marked a decisive moment for Canadian federalism. In particular, it greatly expanded the role of the judiciary and the Supreme Court of Canada. The Charter created a legal framework of rights which changed the role of the courts in the Canadian political landscape. As a result, governments have been dissuaded from policy measures which might invoke legal action as a potential Supreme Court ruling is considered stare decisis 170 and could be potentially damaging to the confidence of the House of Commons and its popular support.[...]

A Crisis in National Unity?: The Chicken and Egg War, 1970–1971

2021 ◽  
pp. e20200053
Author(s):  
Jodey Nurse ◽  
Bruce Muirhead
Keyword(s):  
Supreme Court ◽  
Federal Government ◽  
Broiler Chickens ◽  
Supply Management ◽  
Supreme Court Of Canada ◽  
National Unity ◽  
Agricultural Marketing ◽  
National System ◽  
The Supreme Court

This article examines the now largely forgotten, but then important, “Chicken and Egg War” of 1970–71. The chicken and egg war began when the Quebec government established the Fédération des producteurs d’œufs de consommation du Québec (FPOCQ) in 1970, a marketing board that began to restrict the price, grading, and sale of all eggs in Quebec, including egg imports from other provinces. The new board disrupted egg sales in Manitoba and Ontario, and it was not long before a series of legislative retaliations among the provinces took place, including strict import controls on broiler chickens and eggs and the seizure of out-of-province produce. Although predominantly contained to the neighbouring provinces of Manitoba, Ontario, and Quebec, this event was significant because it resulted in appeals to the Supreme Court of Canada, claims made concerning the rights of provinces vis-à-vis the federal government, and the restriction of agricultural goods, in this case, poultry and eggs, across provincial boundaries. This episode also had serious political ramifications, including fractured relationships among farmers, consumers, other industry stakeholders, and politicians and heightened tensions surrounding the legality and authority of provincial agricultural marketing boards. Ultimately, this “war” provided a significant impetus for the federal government to establish a national system of supply management in the egg and poultry sectors, a system which remains today.

scholarly journals The Supreme Court of Canada Long-Gun Registry Decision: The Constitutional Question Behind an Intergovernmental Relations Failure

2015 ◽  
Vol 24 (1) ◽  
Author(s):  
Ian Peach
Keyword(s):  
Supreme Court ◽  
Federal Government ◽  
Intergovernmental Relations ◽  
Gun Control ◽  
Supreme Court Of Canada ◽  
Federal Law ◽  
Intergovernmental Cooperation ◽  
The Supreme Court ◽  
Refusal To Participate ◽  
Turn Over

In 2012, Parliament repealed the federal law that had established a mandatory long-gun registry. The law to repeal the long-gun registry also provided for the destruction of the data contained therein. Quebec, however, expressed its intention to establish its own gun-control scheme and asked the federal government for its data on long-guns owned by residents of Quebec.  When the federal government refused to turn over the data from the long-gun registry, despite the fact that Quebec government offi cials had access to the data while the long-gun registry was in operation, Quebec challenged the constitutionality of the federal law providing for the destruction of the data and sought an order requiring the federal government to turn over the data to Quebec. Th e federal government’s refusal to participate in an act of intergovernmental cooperation began a three-year round of constitutional litigation that concluded in March of 2015 with a split decision of the Supreme Court of Canada.

scholarly journals Recent Developments in Italian Constitutional-Criminal Law

1969 ◽  
pp. 427
Author(s):  
Alberto Cadoppi
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Constitutional Law ◽  
Criminal Responsibility ◽  
Legal Rights ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
Canadian Charter ◽  
The Supreme Court ◽  
Recent Developments

This article compares Italian "Constitutional- Criminal" law under Italy's Constitution with the development of legal rights in Canada under the Canadian Charter of Rights and Freedoms. The author explains the "constitutional approach'' to criminal law in Italy, which is a complex web of principles which govern the criminal law by defining the concepts of "crime" and "criminal responsibility". Professor Cadoppi then examines various aspects of "constitutional-criminal "law as it has been developed by legal scholars, and the extent to which this approach has been accepted by the Italian Constitutional Court. The legal rights found in "constitutional-criminal" law are thought to be extendable to Canadian constitutional law, given the broad language of section 7 of the Canadian Charter of Rights. The author notes that the Supreme Court of Canada has given the Canadian Charter an expansive interpretation comparable to the Italian ' 'constitutional-criminal'' law approach, and uses this parallel to show that Canadian and Italian courts are moving toward a vision of a new criminal law in which ' 'fundamental justice'' will prevail.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

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