Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

The Supreme Court and Civil Liberties

View through CrossRef
To what extent has the Supreme Court of Canada tended to promote human rights and protect fundamental freedoms? This question is examined by looking at the bases on which the Supreme Court can protect civil liberties. In decisions prior to 1950 the author finds that the Supreme Court was not protective of "egalitarian" civil liberties. With respect to "political" civil liberties, the author finds the majority judgments of the Supreme Court of Canada of the 1950's inspiring. The enactment of the Canadian Bill of Rights in 1960 provided an important direction to the Court to protect civil liberties. The author feels that the Supreme Court has not yet satisfac torily responded to this direction. However, the Drybones decision recognized the constitutional status of the Bill of Rights and the author supports the argument that it is constitutional instrument.
University of Alberta Libraries
Title: The Supreme Court and Civil Liberties
Description:
To what extent has the Supreme Court of Canada tended to promote human rights and protect fundamental freedoms? This question is examined by looking at the bases on which the Supreme Court can protect civil liberties.
In decisions prior to 1950 the author finds that the Supreme Court was not protective of "egalitarian" civil liberties.
With respect to "political" civil liberties, the author finds the majority judgments of the Supreme Court of Canada of the 1950's inspiring.
The enactment of the Canadian Bill of Rights in 1960 provided an important direction to the Court to protect civil liberties.
The author feels that the Supreme Court has not yet satisfac torily responded to this direction.
However, the Drybones decision recognized the constitutional status of the Bill of Rights and the author supports the argument that it is constitutional instrument.

Related Results

Envisioning Originalism Applied to Bioethics Cases
Envisioning Originalism Applied to Bioethics Cases
Photo ID 123697425 © Alexandersikov | Dreamstime.com Abstract Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict...
The Function of Judiciary towards Harmonizing Fundamental Rights and Directive Principles of State Policy: An Overview
The Function of Judiciary towards Harmonizing Fundamental Rights and Directive Principles of State Policy: An Overview
1. Austin, G. (1999). The Indian Constitution: Cornerstone of a nation. Oxford University Press. 2. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802 (Supreme Court of India ...
On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash ABSTRACT In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
Analysis of the Constitutional Court Cases in 2022
Analysis of the Constitutional Court Cases in 2022
The Constitutional Court received a total of 2,829 cases in 2022 alone. Among the decisions made by the Constitutional Court in 2022, this paper reviews major decisions centered on...
Analysis of the Supreme Court Cases in 2022: The Law of Claims
Analysis of the Supreme Court Cases in 2022: The Law of Claims
In this paper, among the major precedents of the Supreme Court on civil matters in the year 2022, I analyzed the meaning and contents of 8 important decisions (focused on the claim...
Diversity Defeated After Trial: May an Appellate Court Vacate a Judgment? 
Diversity Defeated After Trial: May an Appellate Court Vacate a Judgment? 
This article previews the Supreme Court case in <i>The Hains Celestial Group, Inc., Whole Foods Market, Inc. v. Sarah Palmquist</i>., No-24-724, argued to the Court on ...
National Judicial Commission In India: The New Challenge
National Judicial Commission In India: The New Challenge
Art. 50 of our constitution provide - separation of powers and independent judiciary (under directive principles) and Art. 13 of the Indian constitution provide vital power to amen...
Federalism as Docket Control
Federalism as Docket Control
On the twentieth anniversary of United States v. Lopez (1995), this Article revisits the Rehnquist Court’s federalism revolution. Much of what has been said about the federalism ca...

Back to Top