Constitutional Law | Constitutional Attorneys

Jamaican Constitutional Law

Analysis:
A. Does s.163 CC violate FOE under section 2(b)? Yes
• meaning of expression need not be “redeeming” in the eyes of court to merit protection of s.2(b) whose purpose is to ensure that thoughts and feelings may be conveyed freely in non-violent ways without fear of censure
B. Is s.163 a [...]

Constitutional Law Briefs

Dissent (McIntyre):
•    What’s the harm of advertising at children??  Is their welfare really at risk?
•    FOE should not be suppressed except in cases where urgent and compelling reasons exist and then only to the extent and for the time necessary for the protection of the community
RJR MacDonald Inc. v. AG (1995)    Gov’t concedes prohibition on [...]

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 [...]

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 [...]