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32.More information
The increasing complexity of litigation and increasingly frequent use of scientific expertise raises questions about the role of non judicial elements in jurisprudence. In the environmental field, the frequent recourse to expertise leads to a paradox: while the increasing importance of scientific considerations almost systematically calls for scientific expertise, the scientific uncertainty, coupled with the political stakes makes it difficult for a judge to use this expertise. Due to the impossibility for a judge to isolate himself from scientific controversies, the expert has become a prime stakeholder in environmental and health issues and subject to criticism. The relationship between the expert and the magistrate thus becomes highly important.International jurisdiction is more and more often called upon to validate the scientific basis of the judgements of lower courts. This is also the case of the World Trade Organisation. As dispute settlement panels assess the value of a scientific expertise or the accuracy of a risk assessment, they become judges of scientific expertise. What are the modalities of the use of scientific experts?What is the importance of the scientific expertise in the making of a ruling?These questions will allow us to contribute to the discussion about the increasing use of scientific expertise in judicial proceedings at the World Trade Organisation.
Keywords: droit international, contentieux sanitaires, Organisation Mondiale du Commerce, OMC, jugement, décision, expert, précaution, évaluation des risques, santé, environnement, international rights, World trade organization, WTO, expert, risks assessment, judgement, decision, precaution, health, environmental, contentious issues
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33.More information
Since the failures of the major rounds of constitutional negotiations, the special arrangements procedure provided for in section 43 of the Constitution Act, 1982 has been the most frequently invoked avenue when it comes to amending a provision of the Constitution of Canada. This article proposes a new analytical framework for this procedure, allowing for a better understanding of its relationship with the other amendment procedures that make up Part V of the Constitution Act, 1982.
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AbstractThis article provides an analysis of the knowledge, beliefs and attitudes of administrators, school personnel, and Franco-Manitoban students completing secondary schooling regarding ways of exercising rights to education for students with special needs. Although there is a general tendency to recognize and respect these rights, the data collected through questionnaires and interviews shows a lack of knowledge as well as antithetical beliefs and attitudes in the three groups of subjects. Lastly, the author discusses the implications for training educational agents.