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British and Canadian Public Law in Comparative Perspective

Edited by: Ian Loveland

ISBN13: 9781509931095
Published: May 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada.

Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, and the law regulating libel actions brought by politicians. All of these issues are discussed in the book.

The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.

Subjects:
Comparative Law, Other Jurisdictions , Canada
Contents:
Preface
List of Contributors
Acknowledgements
1. Introduction
Ian Loveland
2. Assisted Suicide
Carmen Draghici
3. Voting Rights for Prisoners
Susan Easton
4. The Horizontal Impact of the Charter and the Human Rights Act
Nicholas Bamforth
5. Public Law, Private Law, Libel Law
Ian Loveland
6. Criminalising Pornography
Gavin Phillipson and Tara Beattie
7. 'Labouring under the Canadian Constitution' Revisited
Keith Ewing
8. Wearing Religious Symbols
Nick Hatzis
9. Raising Children in Accordance with Unorthodox Religious or Cultural Beliefs
Rachel Taylor