No description available.

This thesis explores how the standardization of language in China has been as a means to unify the empire and restructure relations between citizens and the state through processes of identification. Looking in at the case of China's minzu (ethnic groups), I argue that the current trend instituted through policies at the top-level is to eliminate linguistic and cultural diversities through the promotion of Putonghua as the lingua franca and to eventually amalgamate all minzu of the multi-minzu state into a mono-minzu, Zhonghua Minzu (citizens of the Chinese nation). Beginning with an overview of the historical practices of language standardization, I show how the ideological nature of politically influenced terminologies in the Chinese language has contributed to this restructuring of identity. With identity tied closely to language, recently enacted laws in mainland China have brought the government a step closer to achieving its ultimate goal of creating a mono-minzu state.

This paper proposes a judicial advocacy strategy aimed to challenge the constitutionality of the law that imposes an absolute prohibition of abortion in Chile. Examines the origin of the criminalization provisions in light to the constitutional mandate to protect the life of the unborn, presents an overview of the arguments used in the legislative to request the partial decriminalization of abortion, the tendency of the executive in the past years in this matter, and the criminal strategy that has been used in cases where women have been prosecuted by abortion, based on what has been intended so far the paper conclude a solicitude to declare unconstitutional the criminal abortion provisions because they do not protect the life of the unborn.

In light of the recognition of continuing Indigenous sovereignty by the Supreme Court of Canada and the requirement that that sovereignty and de facto Crown sovereignty be reconciled within a shared constitutional order, Canada needs a new approach to negotiating the exercise of Indigenous sovereignty. Any new approach must be built around a coherent understanding of the Constitution as a whole, most importantly the constitutional principle of reconciliation and the other unwritten principles articulated by the Supreme Court of Canada in the Reference re. Secession of Quebec. The four unwritten principles which the Supreme Court of Canada identified in the Quebec Secession Reference do not represent a barrier to the exercise of Indigenous sovereignty, if interpreted in light of the reconciliation principle. Indeed, the principles of federalism and the protection of minorities support the protection of distinct Indigenous political and legal institutions. Because they are exercising a continuing sovereignty, rather than an aboriginal right as that term is currently understood under section 35, Indigenous peoples also need not return to traditional forms of governance in their entirety in a modern self-government regime; they may also adopt more or less of the Euro-Canadian forms with which they have become familiar as citizens of Canada, such that modern Indigenous institutions could be quite consistent with mainstream understandings of the four unwritten principles of the Constitutions. As with other institutions of governance, Indigenous peoples have long traditions of dispute resolution that they could draw upon in the context of the modern exercise of their sovereignty. Nor do Indigenous peoples need to return to these traditional methods in their entirety, either; again, they could adopt elements of Euro-Canadian legal traditions. There are numerous precedents around the world for Indigenous legal institutions that combine elements of Indigenous customs of dispute resolution and common-law judicial structures. What is important is that Indigenous peoples have the right to design their own institutions for the interpretation, as well as the creation, of law and the resolution of disputes if they are to exercise their sovereignty within the Canadian constitutional and political system as a third order of government. / Thesis (Master, Law) -- Queen's University, 2009-09-24 08:41:11.447

Dialogue between courts and legislatures can occur where legislatures reverse, modify or avoid judicial decisions. With two exceptions, however, legislatures have only reversed the Supreme Court on three occasions. Defiant legislative responses enacted without the notwithstanding clause undermine the Charter and the courts, and are an inappropriate means of expressing institutional disagreement. However, based on a model of coordinate constitutionalism, recourse to the override constitutes a legitimate means for legislatures to advance alternate interpretations of Charter rights. Furthermore, section 33's value lies in the opportunity it creates for public deliberation regarding issues of national importance. Its relative disuse can be attributed to a combination of factors including its legislative history, the influence of American constitutionalism and an executive-dominated parliamentary process. Recognizing the legitimacy of section 33 would contribute to a greater respect for the roles and responsibilities of all three branches of government under a system of constitutional supremacy.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1998.

This paper proposes a judicial advocacy strategy aimed to challenge the constitutionality of the law that imposes an absolute prohibition of abortion in Chile. Examines the origin of the criminalization provisions in light to the constitutional mandate to protect the life of the unborn, presents an overview of the arguments used in the legislative to request the partial decriminalization of abortion, the tendency of the executive in the past years in this matter, and the criminal strategy that has been used in cases where women have been prosecuted by abortion, based on what has been intended so far the paper conclude a solicitude to declare unconstitutional the criminal abortion provisions because they do not protect the life of the unborn.

An examination of Barack Obama's Legal Philosophy and the extent to which that is reflected in the decisions of his judicial appointees.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

M.Römeris is one of the most efficient and universal mid-war period authors of Lithuanian law scientific works. The series of them “The state and its constitutional law” is a fundamental work summarising all his life research and is named the classics of law theory, constitutionalism and politology. Despite the fact that many law works of today and textbook authors are based on M.Römeris and particularly on his work, the creative work of the prominent mid-war period state and society figure, is still not properly comprehended and evaluated. He promoted a comparatively new law state idea in Europe and paid much attention to its analysis, consistently researched European law tradition, the issues of sovereignty and constitutionalism which are still significant nowadays when Lithuania has become an independent state and member of the European Union and NATO. The scientist analysis not only theoretical aspects of these ideas in his works but also their practical application: law ideas, law creation ideas and social, reality in “The state and its constitutional law” rise on the level of intensive mutual interraction, the inheritance of world law idea is revealed. The author expands the original theory through his comprehension and understanding in which the synthesis of liberalism doctrines and the ideas of social solidarity are becoming distinct. While analysing M.Römeris ideas in the context of A.Esmein classical democratical doctrine, L.Petrazycki intuitive law, H.Kelsen... [to full text]