Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law

By Mark Tushnet | Go to book overview
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Index
Abortion, 121, 122, 123, 124; Canadian constitutional experience with, 65
Ackerman, Bruce, 35–36
Aiken, George, 257
Alberta, and experience with notwithstanding clause, 61–62, 63–64
Alexander, Larry, 190–91
Antiterrorism legislation (United Kingdom), 153–55
Anti-Terrorist, Crime and Security Act 2001 (United Kingdom), 145–46
Argentina, 178, 216–17
Australia, 4, 7, 12, 19
Background rules of law: constitutional rules applicable to, 168, 169–70, 171–72, 173–77, 170, 184–85, 191, 192, 194, 200, 210, 213; and federalism, 198, 217; and free speech law, 228–29; neutrality of, 164–65, 166–67, 194
Baigent's Case, 48, 49
Bastarache, Michel, 210–11
Bismarck, Otto von, 220
Black, Charles, 199
Blair, Tony, 29, 145
Blunkett, David, 146
Boren, David, 128
Bork, Robert, 67
Brandeis, Louis, 67–68
Brandenburg v. Ohio, 58–59
Breyer, Stephen, 15–16, 262–63
Bush, George W., 81, 107
Bybee, Jay, 136
Campaign finance legislation, 81, 101–2, 121, 263
Capital punishment. See Death penalty
Chaoulli v. Quebec (Attorney General) (Canada), 258–61
Charter of Rights (Canada), 31; general limitations clause of, 31, 32–33, 44, 93: notwithstanding clause of, 31–32, 33, 34, 47, 52–66
Charter proofing, 148–50
Chemerinsky, Erwin, 170
Choper, Jesse, 104
City of Boerne v. Flores (United States), 21–22
Civil Rights Cases (United States), 172, 174, 176
Civil society organizations, role in litigation, 253–54
Coercive interrogation, 107
Communications Decency Act (United States), 81
Comparative constitutional law, methods of, 5
Congressional Research Service (United States), 98
Constitutional Council (France), 94
Constitutional Court (Germany), 18, 196, 220–21
Constitutional interpretation, implications of theories of, 83–84, 128–29
Constitutional patriotism, 72–73
Constitutional point of order, 120–29
Contextualism, 5–6, 10, 13–14
Cooper, Charles, 134
Cooper v. Aaron (United States), 16–17, 21
Cory, Peter, 206–7
Criminal Justice (Terrorism and Conspiracy) Act 1998 (United Kingdom), 143–44
Cross, Frank, 227, 231–33, 252
Dahl, Robert, 18, 34
Death penalty, 13
Departmentalism, as a form of judicial review, 16
Department of Justice (Canada), 149
Department of Justice (United States), 97, 129–39
Derogation, 145
Deutsch, Jan, 187–89, 191
Directive Principles of Public Policy, 238
District of Columbia, representation of, 121
Dolphin Delivery case (Canada), 199–201, 207, 212, 213–14
Douglas, William O., 178
Douglas/Kwantlen Faculty Ass'n v. Douglas College (Canada), 202
Dunmore v. Ontario (Attorney General) (Canada), 210–11

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