power without law the supreme court of canada the marshall decisions and the failure of judicial activism

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Power Without Law

Author : Alex M. Cameron
ISBN : 9780773576674
Genre : LAW
File Size : 82. 83 MB
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In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia.

Freedom And Indigenous Constitutionalism

Author : John Borrows
ISBN : 9781442629233
Genre : Law
File Size : 21. 63 MB
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John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom.

Indigenous Peoples And The State

Author : Mark Hickford
ISBN : 9781351240352
Genre : Law
File Size : 45. 3 MB
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Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

Ottawa Law Review

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ISBN : OSU:32437121975979
Genre : Law reviews
File Size : 24. 65 MB
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University Of British Columbia Law Review

Author : University of British Columbia
ISBN : OSU:32437123437614
Genre : Law reviews
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Quill Quire

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ISBN : NWU:35556039241146
Genre : Book industries and trade
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The Criminal Law Quarterly

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ISBN : STANFORD:36105064174399
Genre : Criminal law
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Unb Law Journal

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ISBN : UCAL:B5174885
Genre : Law
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George Grant And The Future Of Canada

Author : Yusuf K. Umar
ISBN : 1895176220
Genre : Political Science
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The Nation

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ISBN : STANFORD:36105006745041
Genre : Literature
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