Now showing items 1-5 of 5
Social Protests as Constitutional Interpretation
This research deals with a parcel of the protests that have been taking place over the last few years, particularly since 2010: those protests in which the protesters, instead of rebelling against the legitimacy of the ...
Grounding Equality in Social Relationships: Suspect Classification, Grounds of Discrimination, and Relational Theory
This thesis considers the implications of relational theory for doctrinal debates in Canadian and American constitutional equality law, with a focus on grounds of discrimination and suspect classification. Chapter 1 sets ...
Charter Damages: Private Law in the Unique Public Law Remedy
In 2010, the Supreme Court of Canadas decision in Vancouver (City) v Ward created a framework for a Charter damages claim. In two subsequent decisions, the Court deviated from Ward by relying extensively on private law ...
The Colliding Vernaculars of Foreign Investment Protection and Transitional Justice in Colombia: A Challenge for the Law in a Global Context
This doctoral dissertation explores an argued normative tension between the legal protection of foreign investors via international investment agreements and the implementation of a transitional justice project in Colombia. ...
Presumptive Deference and the Role of Expertise on Questions of Law in Canadian Administrative Law
Administrators in Canada are presumptively accorded deference on questions of law. This deference is grounded largely in expertise, a pragmatic justification for deference. This thesis examines the relationship of expertise ...