東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

The Hidden Ally: How the Canadian Su...

Roberts, Douglas S.

FindBook

Google Book

Amazon

博客來

The Hidden Ally: How the Canadian Supreme Court Has Advanced the Vitality of the Francophone Quebec Community.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The Hidden Ally: How the Canadian Supreme Court Has Advanced the Vitality of the Francophone Quebec Community./
作者:	Roberts, Douglas S.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2015,
面頁冊數:	213 p.
附註:	Source: Dissertation Abstracts International, Volume: 76-11(E), Section: A.
Contained By:	Dissertation Abstracts International76-11A(E).
標題:	Legal studies. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3710369
ISBN:	9781321862263

The Hidden Ally: How the Canadian Supreme Court Has Advanced the Vitality of the Francophone Quebec Community.
Roberts, Douglas S.

The Hidden Ally: How the Canadian Supreme Court Has Advanced the Vitality of the Francophone Quebec Community. - Ann Arbor : ProQuest Dissertations & Theses, 2015 - 213 p.

Source: Dissertation Abstracts International, Volume: 76-11(E), Section: A.

Thesis (Ph.D.)--The Ohio State University, 2015.

Since the adoption of the Charter of Rights and Freedoms in 1982, the Canadian Supreme Court has become a much more powerful and influential player in the Canadian political and social landscape. As such, the Court has struck down certain sections of the Charter of the French Language (Bill 101) as contrary to the Constitution, 1867 and the Charter of Rights and Freedoms. In Ford v. Quebec, [1988] 2 S.C.R. 712, for instance, the Court found unconstitutional that portion of Bill 101 that required commercial signage to be in French only. After the decision was announced, public riots broke out in Montreal. As a result of this decision, one could conclude that the Court has, in fact, resisted Quebec's attempts to protect and promote its own language and culture. In this dissertation, however, I argue that this perception is not justified, primarily because it fails to recognize how Canadian federalism protects diversity within the Confederation. Contrary to the initial public reaction to the Ford case, my contention is that the Court has, in fact, advanced and protected the vitality of Francophone Quebec by developing three fundamental principles. The first principle is institutional integrity. Under this principle, the Court has advanced the rule of law in Canada by protecting the integrity of the process by which members of the Court and Senate are chosen. This is important because both institutions are particularly important to the balance of power and the protection of minority groups within the Confederation, including minority language communities. The second principle is Canadian federalism. Under this principle the Court has developed a jurisprudence in which the provinces retain sufficient legislative power to manage their own internal affairs, and in the case of Quebec, particularly those relating to language and education. The third principle is constitutional dialogue. Under this principle, the Court encourages a constitutional dialogue between the political actors, after the Court has struck down a law as unconstitutional, that maximizes the democratic process and Quebec's ability to protect and advance the Francophone culture. As a result of these principles, the Court has created the legal framework that not only has enabled Quebec to protect and promote its language and culture, but also developed those overreaching constitutional principles that strengthen the Canadian Confederation.

ISBN: 9781321862263Subjects--Topical Terms:

3283754
Legal studies.

The Hidden Ally: How the Canadian Supreme Court Has Advanced the Vitality of the Francophone Quebec Community.
LDR:03471nmm a2200337 4500 001 2121815
005 20170811100943.5
008 180830s2015 ||||||||||||||||| ||eng d
020 $a 9781321862263
035 $a (MiAaPQ)AAI3710369
035 $a AAI3710369
040 $a MiAaPQ $c MiAaPQ
100 1 $a Roberts, Douglas S. $3 3283752
245 1 4 $a The Hidden Ally: How the Canadian Supreme Court Has Advanced the Vitality of the Francophone Quebec Community.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2015
300 $a 213 p.
500 $a Source: Dissertation Abstracts International, Volume: 76-11(E), Section: A.
500 $a Adviser: Wynne Wong.
502 $a Thesis (Ph.D.)--The Ohio State University, 2015.
520 $a Since the adoption of the Charter of Rights and Freedoms in 1982, the Canadian Supreme Court has become a much more powerful and influential player in the Canadian political and social landscape. As such, the Court has struck down certain sections of the Charter of the French Language (Bill 101) as contrary to the Constitution, 1867 and the Charter of Rights and Freedoms. In Ford v. Quebec, [1988] 2 S.C.R. 712, for instance, the Court found unconstitutional that portion of Bill 101 that required commercial signage to be in French only. After the decision was announced, public riots broke out in Montreal. As a result of this decision, one could conclude that the Court has, in fact, resisted Quebec's attempts to protect and promote its own language and culture. In this dissertation, however, I argue that this perception is not justified, primarily because it fails to recognize how Canadian federalism protects diversity within the Confederation. Contrary to the initial public reaction to the Ford case, my contention is that the Court has, in fact, advanced and protected the vitality of Francophone Quebec by developing three fundamental principles. The first principle is institutional integrity. Under this principle, the Court has advanced the rule of law in Canada by protecting the integrity of the process by which members of the Court and Senate are chosen. This is important because both institutions are particularly important to the balance of power and the protection of minority groups within the Confederation, including minority language communities. The second principle is Canadian federalism. Under this principle the Court has developed a jurisprudence in which the provinces retain sufficient legislative power to manage their own internal affairs, and in the case of Quebec, particularly those relating to language and education. The third principle is constitutional dialogue. Under this principle, the Court encourages a constitutional dialogue between the political actors, after the Court has struck down a law as unconstitutional, that maximizes the democratic process and Quebec's ability to protect and advance the Francophone culture. As a result of these principles, the Court has created the legal framework that not only has enabled Quebec to protect and promote its language and culture, but also developed those overreaching constitutional principles that strengthen the Canadian Confederation.
590 $a School code: 0168.
650 4 $a Legal studies. $3 3283754
650 4 $a Law. $3 600858
650 4 $a French Canadian culture. $3 3180618
650 4 $a Language. $3 643551
650 4 $a Canadian studies. $3 2122858
650 4 $a Regional studies. $3 3173672
690 $a 0553
690 $a 0398
690 $a 0482
690 $a 0679
690 $a 0385
690 $a 0604
710 2 $a The Ohio State University. $b French and Italian. $3 3283753
773 0 $t Dissertation Abstracts International $g 76-11A(E).
790 $a 0168
791 $a Ph.D.
792 $a 2015
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3710369