Documents found
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2201.More information
This article will attempt to illustrate that the use of different methods of legislative interpretation that an interpreter defends can reveal something about the more general constitutional theory to which she or he adheres. This analysis will allow us to identify more specifically the constitutional theories of Louis-Philippe Pigeon, judge of the Supreme Court of Canada from 1967 to 1980. Louis-Philippe Pigeon developed his constitutional theories over the course of many years— first as a jurist for various provincial governments, next a professor of constitutional law at the Faculty of Law at Laval University, and finally as justice of the Supreme Court. All these years are marked by the implementation of the different methods of legislative interpretation that were familiar to him. Our analysis develops around two distinct themes. On the one hand, Louis-Philippe Pigeon's conjugation of legislative interpretation and constitutional law finds expression as a search for an efficient distribution of legislative competences. His opinions in this field are incidentally still followed today. On the other hand, grounded in the principles of literal interpretation, his interpretation of the fundamental rights protected by the Canadian Bill of Rights diverges from the scope that contemporary jurisprudence affords them. While still a dissenting voice, the constitutional theories that Justice Pigeon defended are characteristic of the principle of the separation of powers.
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2202.More information
The Roma are the sole people in Europe (still) having a living customary law system. In this article, we intend to explore and to analyse the hypostases of the interaction between the customary law of the Roma in Romania and the Romanian law system. To do so, we will first briefly present the theoretical framework guiding our analytical demarche, namely normative pluralism. Then, we will present the main differences between the two legal orders in relation with the two modes of social and political organization. Finally, we will sketch and explore the three hypostases of the interaction between the Roma customary law and the Romanian state law — the official non-coplanarity, the marginal intersection and the exceptional subordination.
Keywords: Droit coutumier, droit étatique, communautés roms, Roumanie, hypostases de l'interaction, Customary law, state law, Roman communities, Romania, hypostases of interaction
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2203.More information
This article seeks to clarify the relationship between politics and culture in the process of nation-building in diverse societies. Based on a thorough analysis of the debates around the main political parties of the Quebec Charter of Values (2013), we posit that this relationship has two main dimensions. The first dimension—the “political culture”—identifies the role of political parties in the re-articulation of cultural norms through established political practices. The second dimension—the “politics of culture”—emphasizes the ability of political parties to generate new cultural meanings as they try to obtain or maintain political power. By separating these two dimensions in the context of the Quebec Charter of Values, we are better able to understand how culture nourishes, and is produced by, the conflicts between political parties concerning nationality, diversity and belonging.
Keywords: laïcité, Islam, accommodements religieux, partis politiques, nationalité, Québec, Charte des valeurs, secularism, Islam, religious accommodation, political parties, nationality, Quebec Charter of Values
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2204.
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2205.More information
If informality has been conventionally understood as a territorial formation or as a labour categorization, this paper offers an alternative conceptualization that conceives informality and formality as forms of practice. The paper examines how different relations of informal and formal practice enable urban planning, development and politics, and explores the changing relationship between informality and formality over time. To illustrate the political potential of conceiving informality and formality as practices, it highlights the fall-out from a particular urban crisis: the 2005 Mumbai monsoon floods. In the final section, the paper offers three conceptual frames for charting the changing relations of informal and formal practices: speculation, composition, and bricolage.
Keywords: Crise, formalité, informalité, Mumbai, pratique, urbanisme
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