The Notwithstanding Clause in the Canadian Charter of Rights and Freedoms

Caitlin Salvino

ISBN 10: 1487566875 / ISBN 13: 9781487566876

Editore: University Of Toronto Press, 2025

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nach der Bestellung gedruckt Neuware - Printed after ordering - Canada's notwithstanding clause is a constitutional provision, under section 33 of the Canadian Charter of Rights and Freedoms, that allows provincial, territorial, and federal legislatures to temporarily override certain Charter rights for up to five years.The Notwithstanding Clause in the Canadian Charter of Rights and Freedoms examines the notwithstanding clause at a pivotal moment in Canadian history, highlighting how it is increasingly used by governments to suspend constitutional rights. In response, individuals and advocacy groups have increasingly turned to the courts, challenging its application and seeking judicial intervention to limit its use under the Charter. With the Supreme Court of Canada poised to rule on the notwithstanding clause for the first time since 1988, this issue is set to remain a focal point of legal and political debate. This book provides a comprehensive exploration of the clause's history, design, political uses, and the judicial and academic responses. It provides the foundational context of section 33, offering readers an in-depth understanding of this uniquely Canadian provision, which has sparked controversy for over four decades.

Codice articolo 9781487566876

Dati bibliografici

• Titolo: The Notwithstanding Clause in the Canadian Charter of Rights and Freedoms
• Editore: University Of Toronto Press
• Data di pubblicazione: 2025
• Lingua: Inglese
• ISBN 10: 1487566875
• ISBN 13: 9781487566876
• Rilegatura: Taschenbuch
• Condizione: Neu
• Dimensioni: 216 L x 140 A x 18 P (millimetri) 216 millimetri di larghezza per 140 millimetri di altezza per 18 millimetri di profondità
• Peso: 358 grammi

Descrizione articolo

Riassunto

Canada’s notwithstanding clause is a constitutional provision, under section 33 of the Canadian Charter of Rights and Freedoms, that allows provincial, territorial, and federal legislatures to temporarily override certain Charter rights for up to five years.
The Notwithstanding Clause in the Canadian Charter of Rights and Freedoms examines the notwithstanding clause at a pivotal moment in Canadian history, highlighting how it is increasingly used by governments to suspend constitutional rights. In response, individuals and advocacy groups have increasingly turned to the courts, challenging its application and seeking judicial intervention to limit its use under the Charter. With the Supreme Court of Canada poised to rule on the notwithstanding clause for the first time since 1988, this issue is set to remain a focal point of legal and political debate.
This book provides a comprehensive exploration of the clause’s history, design, political uses, and the judicial and academic responses. It provides the foundational context of section 33, offering readers an in-depth understanding of this uniquely Canadian provision, which has sparked controversy for over four decades.

Informazioni sull?autore

Caitlin Salvino is a legal researcher who focuses on constitutional, international, and criminal law, and has recently completed an MPhil and DPhil in law, focusing on the notwithstanding clause, at the University of Oxford, where she studied as a Rhodes Scholar.