The Supreme Court and The Second Bill of Rights: The Fourteenth and the Nationalization of Civil Liberties

1982 ◽  
Vol 87 (3) ◽  
pp. 858
Author(s):  
Herman Belz ◽  
Richard C. Cortner
Keyword(s):  
Supreme Court ◽  
Civil Liberties ◽  
Bill Of Rights ◽  
The Supreme Court

The Supreme Court and Civil Liberties

1969 ◽  
pp. 58
Author(s):  
W. S. Tarnopolsky
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Civil Liberties ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
The Supreme Court ◽  
Fundamental Freedoms ◽  
Important Direction

To what extent has the Supreme Court of Canada tended to promote human rights and protect fundamental freedoms? This question is examined by looking at the bases on which the Supreme Court can protect civil liberties. In decisions prior to 1950 the author finds that the Supreme Court was not protective of "egalitarian" civil liberties. With respect to "political" civil liberties, the author finds the majority judgments of the Supreme Court of Canada of the 1950's inspiring. The enactment of the Canadian Bill of Rights in 1960 provided an important direction to the Court to protect civil liberties. The author feels that the Supreme Court has not yet satisfac torily responded to this direction. However, the Drybones decision recognized the constitutional status of the Bill of Rights and the author supports the argument that it is constitutional instrument.

scholarly journals Altering the Judicial Mind and the Process of Constitution-Making in Canada

1969 ◽  
pp. 521
Author(s):  
Bruce P. Elman
Keyword(s):  
Supreme Court ◽  
Civil Liberties ◽  
Bill Of Rights ◽  
Concomitant Change ◽  
The Supreme Court ◽  
Judicial Attitudes ◽  
Constitution Making

This essay deals with the alteration of the Supreme Court of Canada's approach when confronted with alleged violations of civil liberties in the pre-Charter and post-Charter eras. It is noted that certain statutes, such as the Lord's Day Act, were upheld under the Canadian Bill of Rights, but have since been struck down under the Charter of Rights and Freedoms under relatively circumstances. The author asserts that the changes in the approach to civil liberties, and the changes in the Supreme Court's decisions, are the result of a change in judicial attitudes. Among the factors responsible for acting as a catalyst for this shift in attitude, the author identifies and discusses the change in "principle" resulting from the constitutionalization of rights and the concomitant change in the Courts role, the change in "personalities" resulting from changes in the composition of the Supreme Court, and the "process of constitution-making" used in entrenching the Charter, which gave more legitimacy to the Court's role as interpreter of the Constitution than did the Bill of Rights.

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

Ten Death and Transfiguration: How the Ninth Amendment Got Filed in the Wrong Place

2009 ◽  
Author(s):  
Lash Kurt T
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Individual Freedom ◽  
Bill Of Rights ◽  
The Supreme Court ◽  
Ninth Amendment ◽  
Wrong Place

This chapter discusses how the transfigured Ninth Amendment, although used in support of a broad conception of individual freedom, has become a far smaller provision than that envisioned by its framers and has been rendered altogether unenforceable as an independent provision in the Bill of Rights. It describes how the Ninth Amendment has played an important role in matters involving the Supreme Court of the United States.

Mr. Justice Black, the Supreme Court, and the Bill of Rights

1961 ◽  
Vol 28 (3) ◽  
pp. 583
Author(s):  
Wallace Mendelson ◽  
Charles L. Black
Keyword(s):  
Supreme Court ◽  
Bill Of Rights ◽  
The Supreme Court
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