Review of Constitutional Studies

Articles from Vol. 11, No. 1, January

Adverse Effect Discrimination: Proving the Prima Facie Case
I. INTRODUCTION Adverse effect discrimination (1) is a wrong cloaked in shades of grey. Those who see the world in black and white can relate more easily to direct discrimination, which arises from standards that are discriminatory on their face....
Between Despair and Denial: What to Do about the Canadian Senate
From despairing of a cure, there is too often but one step to denying the disease. (1) What could be more appropriate to a self-styled people of the true North than a glacial Senate reform debate? So weary are Canadians said to be of constitutional...
Does the Charter Matter?
In this article, we investigate whether it can be said that Canada has changed in ways the ways that proponents of the Charter desired and anticipated. We examine the progress of groups that the Charter was intended to benefit (Aboriginal peoples,...
Review of Ideology and Community in the First Wave of Critical Legal Studies
Ideology and Community in the First Wave of Critical Legal Studies by Richard W. Bauman (Toronto: University of Toronto Press, 2002), pp.257 Having been asked to review Richard Bauman's useful book, I recalled a scene in Woody Allen's Annie Hall....
The Danger of Fighting Monsters: Addressing the Hidden Harms of Child Pornography Law
"Whoever fights monsters should see to it that in the process he does not become a monster." -Friedrich W. Nietzsche (1) "Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burned women....
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