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Limiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter /

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Show simple item record Garasa, Julio. en_US 2009-05-21T13:45:52Z 2009-05-21T13:45:52Z 1999-05-21T13:45:52Z
dc.description.abstract The 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.iso eng en_US
dc.publisher Brock University en_US
dc.subject Canada. en_US
dc.subject Canada. Supreme Court. en_US
dc.subject Constitutional law en_US
dc.subject Jurisprudence en_US
dc.subject Jurisprudence en_US
dc.title Limiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter / en_US
dc.type Electronic Thesis or Dissertation en_US M.A. Political Science en_US Masters en_US
dc.contributor.department Department of Political Science en_US Faculty of Social Sciences en_US

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