scholarly journals Les pouvoirs de légiférer en matière de langue après la « Loi constitutionnelle de 1982 »

2005 ◽  
Vol 25 (1) ◽  
pp. 227-297
Author(s):  
Benoît B. Pelletier
Keyword(s):  
New Brunswick ◽  
Federal Government ◽  
Freedom Of Expression ◽  
The Government ◽  
The Right ◽  
Manitoba Act

The object of this study is to ascertain the power of the federal and the provincial governments to legislate concerning language in Canada. After a study of the ancillary doctrine as the constitutional basis for the exercise of this power by either level of government, the author studied the constitutional restrictions on its use, and determined the following restrictions : 1. For the federal government and the government of the province of Quebec, only : section 133 of the Constitution Act, 1867 which is also an entrenched provision providing minimum rights. 2. For the province of Manitoba only : section 23 of the Manitoba Act, 1870 which is also an entrenched provision providing minimum rights. 3. For the province of New-Brunswick, only : sections 16(2), 17(2), 18(2), 19(2) and 20(2) of the Constitution Act, 1982. 4. For all provinces, subject to the present inapplicability of section 23(1) a) of the new charter concerning the province of Quebec : section 23 of the Constitution Act, 1982. 5. For all provinces and for the federal government : section 16(3) of the Constitution Act, 1982, section 15(1) which recognizes the right to equality, and 2b) which recognizes the freedom of expression. Finally the author studied the implications of the reasonable limits' provision outlined in section 1 of the new charter, this constituting the only means for our governments to avoid the application of the charter to their legislation.

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

The Media and Power in Postliberal Venezuela

2016 ◽  
Vol 44 (1) ◽  
pp. 199-214 ◽  
Author(s):  
Ewa Sapiezynska
Keyword(s):  
Latin American ◽  
Freedom Of Expression ◽  
Negative Freedom ◽  
The Public ◽  
Positive Freedom ◽  
The Media ◽  
The Government ◽  
Hugo Chavez ◽  
The Right

Two narratives dominate the literature about the state of freedom of expression in postliberal Venezuela, and they have few points in common, since they depend on different conceptualizations of the notion of freedom of expression. While the traditional liberal narrative focuses on the negative freedom that prohibits state interference, the postliberal narrative is based on positive freedom that encompasses the collective right of self-realization, particularly for the previously marginalized. During the government of Hugo Chávez, the discourse of freedom of expression was renewed, placing it in the context of power relations, accentuating positive freedom, and emphasizing the role of the public and community media. The establishment of the international public channel TeleSUR has revived the 1970s debate about the right to communication and contributed to the creation of a new Latin American-ness. En la literatura predominan dos narrativas acerca del estado de la libertad de expresión en la Venezuela posliberal las que tienen pocos puntos en común porque parten de visiones distintas del concepto de la libertad de expresión. Mientras la narrativa liberal tradicional enfoca sólo en la libertad negativa que previene la injerencia estatal, la narrativa posliberal se centra en la libertad positiva que abarca la autorrealización del derecho colectivo, también de los previamente marginalizados. Durante el gobierno de Hugo Chávez el discurso acerca de la libertad de expresión se renueva, insertando el concepto en el contexto de las relaciones de poder, acentuando la libertad positiva y enfatizando el rol de los medios públicos y comunitarios. El establecimiento del medio público internacional TeleSUR revive los debates sobre el derecho a la comunicación de la década de los 70 y aporta a la creación de una nueva Latinoamericanidad.

scholarly journals Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid
Keyword(s):  
Freedom Of Expression ◽  
Investigative Journalism ◽  
Secondary Sources ◽  
Information And Communication ◽  
The Media ◽  
The Law ◽  
The Government ◽  
Negative Impacts ◽  
The Right ◽  
Harmful Effects

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.

scholarly journals Freedom of expression and protection of personal data on the Internet: The perspective of Internet users in Serbia

2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Individual Responsibility ◽  
The Internet ◽  
Snowball Sampling ◽  
Internet Users ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.

scholarly journals Science communicators intimidated: researchers' freedom of expression and the rise of authoritarian populism

2021 ◽  
Vol 20 (04) ◽  
pp. A08
Author(s):  
Esa Valiverronen ◽  
Sampsa Saikkonen
Keyword(s):  
Freedom Of Expression ◽  
Right Wing ◽  
Authoritarian Populism ◽  
The Government ◽  
The Right ◽  
Popular Party ◽  
First Time ◽  
Opinion Polls ◽  
Made In

In this article, we explore scientists' freedom of expression in the context of authoritarian populism. Our particular case for this analysis is Finland, where the right-wing populist Finns Party entered the government for the first time in 2015. More recently, after leaving the government in 2017, the party has been the most popular party in opinion polls in 2021. We illustrate the current threats to Finnish researchers' freedom of expression using their responses on three surveys, made in 2015, 2017 and 2019. We focus on politically motivated disparagement of scientists and experts, and the scientists' experiences with online hate and aggressive feedback. Further, we relate these findings to the recent studies on authoritarian populism and science-related populism. We argue that this development may affect researchers' readiness to communicate their research and expertise in public.

Hong Kong under COVID-19: Active self-mobilization, freedom and responsibilities, and learnings

2021 ◽  
Vol 16 (2) ◽  
pp. 273-284 ◽  
Author(s):  
Eric King-man Chong
Keyword(s):  
Health Care ◽  
Hong Kong ◽  
Freedom Of Expression ◽  
Border Crossings ◽  
Care Workers ◽  
Hong Kong Sar ◽  
The Government ◽  
The Right ◽  
Restrictive Measures ◽  
Self Protection

Hong Kong society became the site of active self-mobilization when there was a virus outbreak in early 2020. Hong Kong residents quickly adopted voluntary protective measures such as minimizing social contacts and buying personal protective equipment. After the presence of a new Coronavirus was confirmed, medical and health care workers went on strike in early February, clamouring for the Hong Kong SAR government to close border crossings with China. They feared the medical and health care system would not be able to bear the rising numbers of infection. The government responded with a pronouncement that the strike was endangering lives, and that a complete closure of border checkpoints was unfeasible. Generally, Hong Kong residents exercised self-protection and self-restraint, voluntarily choosing to stay home except to go to work or buy daily necessities. As a result, Hong Kong did not adopt a citywide lockdown. More people began to leave their homes when infection rates slowed, but this led to further waves of infection. The Hong Kong experience raises a number of questions about society that are relevant to education and citizenship. What are individuals’ responsibilities during a pandemic? Does a state of pandemic make it acceptable to limit freedom of movement and freedom of expression, and if so, how can this principle be applied in relation to the right to strike for the purpose of compelling the government to take stronger public health measures? Specific to education, how can young people be taught to follow safety advice amid the temptation to go outdoors for exercise under restrictive measures? There is a need for engaging students in social compassion and dialogues to face a persistent pandemic.

scholarly journals PIERWSZY BANK STANÓW ZJEDNOCZONYCH JAKO PIERWOWZÓR SYSTEMU REZERWY FEDERALNEJ

2017 ◽  
Vol 9 (1) ◽  
pp. 171
Author(s):  
Wojciech Kwiatkowski
Keyword(s):  
United States ◽  
Supreme Court ◽  
Federal Government ◽  
Federal Reserve ◽  
Financial Stability ◽  
The United States ◽  
The Supreme Court ◽  
The Government ◽  
Banking Institution ◽  
The Right

First Bank of the United States as a Prototype for the Federal Reserve SystemSummaryThe article describes the history of the First Bank of the United Statesfirst banking- institution, that was charted in XVII-th century North America as an effect of a cooperation of two federal bodies – Congress and the President. Although, the federal government possessed only 20 %, of the shares with federal licences it could conduct its activity on territory of the whole country. Moreover – the Bank is now referred to as the first central bank in the United States because of its national scope and services rendered to the federal government. The Bank helped the government to obtain emergency loans, facilitated the payment of taxes, and served as the receiver and disburser of the public funds. In addition, it issued bank notes and made them fully redeemable in coin. During a 20-years period the Bank achieved a commercial success and maintained a financial stability. However, in 1811 Congress did not renew the charter because the Bank’s constitutionality was questioned.Alexander Hamilton (the first U.S. Secretary of the Treasury), who was [the followerof creation of the bank, already in 1790 assumed that the federal government had the power to charter banks because the Constitution granted the government the right to establish institutions necessary for its operations. Addifferent viewpoint was presented by Thomas Jefferson who favored a more decentralized government and believed that only the states could charter banks under the Constitution. Furthermore – because the Constitution did not expressly grant the power to Congress, he reasoned that federally chartered banks were unconstitutional. Finally in 1819, as a far-reaching decision, the Supreme Court Chief Justice John Marshall followed Hamilton’s reasoning and ruled in case McCulloch vs Maryland that the Second Bank of the United States was constitutional. For U.S. federal government this decision of the Supreme Court was very important about 200 years later – in 1913, when president Wilson, many politicians’ and main U.S. bankers decided to create the Federal Reserve System.

The impact of the Rio 2016 Olympic and Paralympic Games on the visitor economy: a human rights perspective.

2021 ◽  
pp. 145-159
Author(s):  
Gabriel Marin Vandenbroucke ◽  
Simon Gérard ◽  
Anthony May
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Black Communities ◽  
Street Vendors ◽  
Persons With Disabilities ◽  
The Government ◽  
The Right ◽  
Committee Government ◽  
The City ◽  
Paralympic Games

Abstract The overall findings of this research point to a mix of positive and negative human rights impacts of the Rio 2016 Olympic and Paralympic Games, and on the visitor economy of the host city. On a positive note, affirmative action included persons with disabilities and from underprivileged communities in the workforce. New sports and leisure centres were built. Freedom of expression and association was reinforced by protesters demonstrating and using the platform of the event to raise issues. Several initiatives by the Organizing Committee, government, companies, and associations constituted positive mechanisms for leverage of the human rights to education and to participate in the cultural life of the community, albeit with limited long-term impacts. These wider economic and social successes associated with the hosting of the Games can positively contribute to the quality and inclusivity of the visitor economy. redevelopment, the Games' land use displaced thousands of people, violating the right to housing and several other human rights through abusive practices used by the government in the eviction process. Under the pretext of creating safe spaces for visitors and safeguarding their image of the city, the government's violence towards poor and black communities was aggravated, with the militarisation of the city impacting on the right to life, protection, education, and justice. Attempting to mask the city's socio-economic problems and undesirable aspects for sponsors and visitors, freedom of expression was undermined as protesters were targeted by the police and street vendors were driven out of public spaces.

scholarly journals La valeur juridique du projet de loi reconnaissant l'égalité des deux communautés linguistiques officielles au Nouveau-Brunswick

2005 ◽  
Vol 22 (2) ◽  
pp. 455-471 ◽  
Author(s):  
Michel Bastarache
Keyword(s):  
New Brunswick ◽  
The United States ◽  
Linguistic Community ◽  
Common Interest ◽  
Collective Rights ◽  
Right Of Action ◽  
Official Languages ◽  
The Government ◽  
The Right ◽  
Linguistic Communities

The principles that an Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick would incorporate in the laws would be better put in the preamble to a constitution, because of their symbolic and educational value. They comprise two possible fundamental protections : the first is protection against discrimination (or the entrenchment of formal equality) ; the second is protection against assimilation (or resultant equality). It is this second objective which stresses the need for the recognition of collective rights in New Brunswick, such as the right to distinct social, educational and cultural institutions and, by implication, the need for the most advanced form of autonomy possible for each distinct linguistic community. One may wonder whether the Act gives the courts of New Brunswick a clear enough indication of the objectives of the Legislature to allow them to put aside the restrictive concept of equality developed in the interpretation of human rights legislation in Canada ? It would seem that the preamble to the Act limits its purpose to a declaration of principle. This legislative intent is best demonstrated by the fact that no section giving a right of action to citizens is included. The Act also has some very important limitations that result from various difficulties of interpretation. These difficulties are enhanced by the fact that the Act itself is not constitutional in nature. Section 1 borrows its language from Section 2 of the Official Languages Act of Canada, this section having been interpreted in a positive but uncertain way in Air Canada v. Joyal. Given the fact that the purpose of the Act, as set out in the preamble, is to create a set of political principles for the government of New Brunswick, it is difficult to see where it could be given a wider interpretation than the Canadian Bill of Rights with regard to the term « equality ». Whatever success was obtained in the courts has depended on the fact that the rights set out were in each instance very clear. Section 2 is the most difficult to understand because it gives no indication as to the means through which the government of New Brunswick is to ensure equality between the linguistic communities. The reference to distinct institutions is extremely uncertain and could only be given some legal force if the courts were to recognize that they have the duty to determine the true meaning of the section in a discretionary manner. But here the Act does not provide for any sanction and reflects the intention of creating declaratory legislation only. Section 3 is more or less a declaration of intent. The problem raised by the adoption of Acts of a declaratory nature was raised last year in the Forest case. The difficulty is that the declaratory judgment does not generally constitute an order given to the government or the Legislature to act in a specific way. In the United States, the Courts of Equity found that they could take into consideration the common interest in deciding whether there were obstacles to a mandatory order resulting from the application of declaratory legislation. In Canada, the courts have been very timid. One might ask whether the Act is likely to bring about a better understanding between the two linguistic communities of New Brunswick. Politically, it is obvious that the Act will not provide a true framework for political change. Legally, it can be said without doubt that the Act will not create any rights or bring about an era of judicial interventionism. However, even an implicit adoption of the concept of collective rights could mark a turning point in the relationship between the two linguistic communities in New Brunswick.

scholarly journals LESSONS FROM THE BAN OF TWITTER IN NIGERIA: A TALE OF TWO WRONGS AND A “LOSE-LOSE” SITUATION

2021 ◽  
pp. 185-191
Author(s):  
Philip Teniola David
Keyword(s):  
Social Media ◽  
Federal Government ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
Virtual Private Networks ◽  
The Social ◽  
Alternative Means ◽  
Nigerian Government ◽  
The Government

Freedom of expression suffered a major setback in Nigeria when the federal government placed an indefinite suspension on twitter in the country, much to the displeasure and criticism of many from within and without. Even though Nigerians found an alternative means of accessing the social media application through the use of virtual private networks (VPN), the rippling effect of the ban from the social, political and economic viewpoint leaves much to be desired. After a prolonged tussle between the Nigerian government and the American based company which lasted over 100 days, the government finally agreed to have the ban lifted. This study through the use of secondary data investigates the emerging and contending issues surrounding the suspension. Findings reveal that the entire fiasco was quite avoidable had either of the parties not attempt to test waters.

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