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Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 77)
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On this Day in the History of Comparative Constitutional Law

Forty-two years ago today in 1969, Canada bade farewell to Ivan Rand, a former Associate Justice of the Canadian Supreme Court, who passed away at age 84. In his judgments, Rand made frequent and effective use of foreign legal and constitutional materials to decide matters of purely domestic law. He was an early advocate of

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Published on January 3, 2011
Author:          Filed under: hp, Ivan Rand, Richard Albert, Supreme Court of Canada
 
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American Miranda Rights in Canada

In a judgment that is certain to breed controversy, the Supreme Court of Canada ruled yesterday that the Charter of Rights and Freedoms “does not mandate the presence of defence counsel throughout a custodial interrogation” (R. v. Sinclair, 2010 SCC 35, para. 2). Already, the Court’s 5-4 judgment has attracted criticism from several corners of

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Published on October 9, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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A Canadian at Guantanamo Bay

Yesterday, the United States Supreme Court denied the request of Omar Khadr to block his military commission trial at Guantanamo Bay. Khadr is a 23 year-old Canadian citizen whose prosecution arises from acts he is alleged to have committed as a 15 year-old in Afghanistan. The Government of Canada, at the direction of Prime Minister Stephen

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Published on August 7, 2010
Author:          Filed under: hp, Omar Khadr, Richard Albert, Stephen Harper, Terrorism; Guantanamo Bay
 
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The Legal Status of the Queen in Canada

Canada is constitutional monarchy, a term which refers to a system of government headed by a monarch whose actions are both constrained and compelled by a constitution. The monarch in Canada is the Queen. The Constitution Act of 1867 says so expressly and the Constitution Act of 1982 affirms it implicity. But the question that

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Published on June 15, 2010
Author:          Filed under: Canada, Constitutional Monarchy, hp, Queen, Richard Albert
 
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2010 Annual Meeting of the Law & Society Association

The Comparative Constitutions Blog will be well represented this week at the Law and Society Association‘s Annual Meeting, held in Chicago’s Renaissance Hotel. Here is a quick reference guide for those attending what promises to be fascinating conference: Tom Ginsburg Chair/DiscussantSession: Constitutional Law and Judicial Review in AsiaFriday, May 28, 10:15am-12:00pm Author: How Do International

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Published on May 26, 2010
Author:          Filed under: hp, Law and Society Association;, Richard Albert
 
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Bilingualism on the Supreme Court of Canada

Should Canadian Supreme Court justices be bilingual? That question is the latest battleground in the enduring debate on language rights and representation in Canada. The Supreme Court Act requires that at least three of the nine Canadian Supreme Court Justices come from Quebec, which has historically been the heart of Canada’s French-speaking community. Justices from

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Dueling Interpretations of American Law on the Canadian Supreme Court

Yesterday, the Canadian Supreme Court issued a 4-3 ruling in R. v. Morelli, a controversial case concerning whether a search warrant for a personal computer had been issued pursuant to defective information. The majority concluded that the authorities had obtained the search warrant on the basis of misleading, inaccurate, and incomplete information. The result was

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Published on March 20, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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Prime Minister Berlusconi vs. The Constitutional Court

Italian Prime Minister Sylvio Berlusconi has won the latest round in his continuing battle versus the Constitutional Court. Although his recent victory is far from decisive in the larger view, the Prime Minister has scored a significant point that will give him a much needed reprieve. Return for a moment to October 2009. It was

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Published on March 14, 2010
Author:          Filed under: hp, Italy, Richard Albert, Sylvio Berlusconi
 
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When Should Supreme Court Judges Retire?

India is the latest state to debate the proper age at which Supreme Court justices should retire. At present, Indian Supreme Court Justices retire at age 65. The current proposal would raise the age of retirement by three years to 68. The Government of India, speaking though the Minister for Law, Justice and Company Affairs, has

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Published on March 1, 2010
Author:          Filed under: hp, India, retirement, Richard Albert, Supreme Court justices
 
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Prelude to the End of Mandatory Minimums in Canada?

On Friday, the Supreme Court of Canada may have signaled the imminent demise of mandatory minimum sentences. In Nasogaluak, a unanimous Court expressed deep reservations about the current sentencing regime in Canada. Earlier, the Court of Appeal had declared that sentencing judges were bound by the statutorily prescribed mandatory minimum sentences, and therefore could not

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