Introduction

IF 0.5 Q3 LAW
Diana Dabby, David Koussens
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引用次数: 0

Abstract

Since 2010, there has been a noted increase in actions that seek to defend and contest religious rights. [...]these tendencies, often resonant at the local level, can also hold important sway when considering the large-scale regulation of religious diversity. On the one hand, parliamentary discussions were curtailed by government, which chose to limit representations by the public and interested parties at the time of hearings before the Commission of institutions (Commission des institutions);the parliamentary process was further truncated by the government’s decision to invoke closure of the bill, which ultimately resulted in incomplete discussion on the various articles (and amendments) contained in the legislative proposal. 8 On the other hand, the provincial government’s decision to employ the notwithstanding clauses, 9 to immunize the law (and government) against legal challenges to religious and equality rights contained in both the Canadian Charter of Rights and Freedoms 10 and the Quebec Charter of Human Rights and Freedoms, 11 indicates a troubling choice to employ public law instruments to curb constitutionally protected identity-based rights. [...]democracy” varies greatly in this context, protecting some rights to the detriment of others, as well as creating a new normative framework which is not only imbued with meaning, but also brings with it binding obligations. [...]readers may also notice an interesting gender divide—whereas the English language articles are written by three female academics, the French language articles are written by five male academics.
介绍
自2010年以来,寻求捍卫和质疑宗教权利的行动显著增加。[…]这些倾向通常在地方一级引起共鸣,在考虑对宗教多样性的大规模监管时,也会产生重要影响。一方面,政府限制了议会的讨论,选择在机构委员会(机构委员会)举行听证会时限制公众和有关各方的陈述;由于政府决定援引该法案的终止令,议会程序进一步缩短,最终导致对立法提案中的各种条款(和修正案)的讨论不完整。8另一方面,省政府决定采用尽管如此的条款,9以使法律(和政府)免受《加拿大权利和自由宪章》10和《魁北克人权和自由宪章,11表明,使用公法文书来遏制受宪法保护的基于身份的权利是一个令人不安的选择。[…]民主“在这种情况下差异很大,保护一些权利而损害其他权利,并建立一个新的规范框架,不仅充满意义,而且带来有约束力的义务。[…]读者可能还注意到一个有趣的性别差异——英语文章由三位女性学者撰写,法语文章由五位男性学者撰写。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
1.40
自引率
0.00%
发文量
28
期刊介绍: The Canadian Journal of Law and Society is pleased to announce that it has a new home and editorial board. As of January 2008, the Journal is housed in the Law Department at Carleton University. Michel Coutu and Mariana Valverde are the Journal’s new co-editors (in French and English respectively) and Dawn Moore is now serving as the Journal’s Managing Editor. As always, the journal is committed to publishing high caliber, original academic work in the field of law and society scholarship. CJLS/RCDS has wide circulation and an international reputation for showcasing quality scholarship that speaks to both theoretical and empirical issues in sociolegal studies.
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