Show simple item record

dc.contributor.authorGarasa, Julio.en_US
dc.date.accessioned2009-05-21T13:45:52Z
dc.date.available2009-05-21T13:45:52Z
dc.date.issued1999-05-21T13:45:52Z
dc.identifier.urihttp://hdl.handle.net/10464/1303
dc.description.abstractThe addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.en_US
dc.language.isoengen_US
dc.publisherBrock Universityen_US
dc.subjectCanada.en_US
dc.subjectCanada. Supreme Court.en_US
dc.subjectConstitutional lawen_US
dc.subjectJurisprudenceen_US
dc.subjectJurisprudenceen_US
dc.titleLimiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter /en_US
dc.typeElectronic Thesis or Dissertationen_US
dc.degree.nameM.A. Political Scienceen_US
dc.degree.levelMastersen_US
dc.contributor.departmentDepartment of Political Scienceen_US
dc.degree.disciplineFaculty of Social Sciencesen_US


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record