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British and Canadian Public Law in Comparative Perspective

Editor(s): Ian Loveland
Media of British and Canadian Public Law in Comparative Perspective
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Published: 22-04-2021
Format: PDF eBook (?)
Edition: 1st
Extent: 368
ISBN: 9781509931118
Imprint: Hart Publishing
RRP: £67.50
Online price : £54.00
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About British and Canadian Public Law in Comparative Perspective

This collection of essays – initially presented at a conference held at City University in 2018 – brings together a group of United Kingdom based public lawyers to explore the insights which might be gleaned from evaluating current human rights controversies arising in United Kingdom 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 respect both of 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, and more narrowly in respect of such specific issues of political controversy 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.

The contributions to this volume provided 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.

Table Of Contents

List of Contributors

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


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