Constitutional Law Attorney
SCOPE OF FREEDOM OF EXPRESSION (FOE):
What is Expression?
• Activity conveying, or attempting to convey, meaning is expression
• All expression has:
o Content: the meaning conveyed
o Form: the method used to convey the meaning
• Cannot exclude activity from scope of FOE on basis of content or meaning being conveyed
• Human activity that is purely physical and does [...]
Best Constitutional Law Hornbook
Remedy:
• Read in to the law an exclusion of the peripheral problematic applications
o To Strike Out entire law would nullify a law that is valid in most of its applications
• Schachter – decide appropriate remedy on basis of “twin guiding principle”: respect for the role of Parliament and respect for the purposes of Charter
• Consideration [...]
Duke University Constitutional Law Scholar
Two ways Charter can apply to an entity:
1. Entity itself is considered “government” for purpose of s.32
• By its very nature
• By virtue of degree of government control exercised over it
➢ All activities of entity will be subject to Charter regardless if they are ‘private’
2. Nature of particular activity can be ascribed to government
• Quality [...]
Social Development Constitutional Law
PRO DD decision:
o Don’t want Charter in private action for Efficiency purposes
o Crts under obligation to develop CmL in way consistent w/ fundamental values of Charter so don’t need to rely strictly on mechanical use of Charter
o Use of Charter does NOT encourage resolution of disputes
o Intended purpose of Charter was for gov’t vs. individual, [...]
Social Development Constitutional Law
LIMITS AND CHANGE OVER TIME:
s.1. The CCRF guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
• Text indicates Charter rights are NOT absolute; gov’t can limit them
Two main structural components of s.1:
1. Requirement that all [...]
Constitutional Law Democracy Turkey
Introduction to Constitutional Rights
Do we have rights or not??
s.33 of the Charter – notwithstanding clause (override)
Allows government legislation to violate certain sections of the Charter (s.2 and s.7-15)
Is very rarely used, which is significant. No government seems to want to take responsibility for invoking it (fear of public reaction?!)
Ford v. AG Quebec is the only [...]
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By N2H