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Full bibliography 1,114 resources
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The Lautsi decision reflects the deep ambivalence in Western liberal democracies about religion and its relationship to politics. Like the Canadian courts, the European Court of Human Rights (ECtHR) seems to recognize that religion and politics should be separated but that this separation can never be total. While the ECtHR and the Supreme Court of Canada rely at least formally on a similar test for determining a breach of religious freedom (a test that emphasizes the state’s obligation to remain neutral in spiritual matters) their application of the test is guided by different understandings of the public/political significance of religion and more particularly the relationship between religion, civic values, and national identity. The Court in Lautsi seems to accept, or at least acquiesce in, two claims made by the Italian government about the meaning of the crucifix: that it symbolizes the Italian national identity, which is tied to its history as a Christian or Roman Catholic nation, and that it symbolizes the Christian foundation of the civic/secular values of the Italian political community – the values of democracy and tolerance. Behind the claim that the crucifix is not simply a religious symbol but also a symbol of the Italian identity and political culture, is the draw of a thicker or richer form of national identity than that offered by civic nationalism. The assumption is that Italians are held together in a political community not simply by their shared commitment to liberal values or democratic institutions but by a common culture rooted in a religious tradition. Religion and politics are joined at the core of national identity and the root of political obligation. This link between religion and politics, though, rests on the problematic claim that the values of democracy and tolerance emerged directly from Christianity (and are the logical, even necessary, outcome of Christian doctrine) and the disturbing claim that Christianity is uniquely tied to these values. While religion does sometimes intersect with politics in Canada, it no longer plays a role in the definition of the country’s national identity. Canada, sometime ago, embraced multiculturalism as the defining feature of its national identity and liberal-democratic values as its political bond. There is no doubt that Canada’s moral/social culture has been shaped in different ways by the Christian faith of earlier generations, nevertheless any attempt to formally link Canadian national identity to a particular religious tradition would run against the country’s self-conception as a multicultural (multi-faith) society.
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The development of the right to return to one's home of origin -- Modern experiences with post-conflict restitution and return -- Restitution and return "home" -- Local integration and the regularization of collective centre space -- Compensation and regularizing secondary occupation
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Gemma Smyth, 2012 1-1 Canadian Journal of Poverty Law 145, 2012 CanLIIDocs 721
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Vaillancourt's book is reviewed in the context of the Social Assistance Review in Ontario.
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Roderick A Macdonald, Gemma Smyth, Maggie Liddle, Jenny Buchan, Tracy Wilcox, Dale Dewhurst, David Newlyn, Liesel Spencer, Mary J Shariff, Vanessa MacDonnell, 2012 6 Canadian Legal Education Annual Review, 2012 CanLIIDocs 705
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In the past decade or so, one has seen an increase in the use of the term “inquisitorial” with it becoming de rigueur for many instances of non-adversarial decision-making in the administrative state. The phenomenon of terming non-adversarial administrative process as inquisitorial, is not peculiar to Canada. In other Commonwealth jurisdictions where the adversarial tradition prevails, such as Australia and the UK, a similar phenomenon has occurred. Similarly, in the United States, the Supreme Court has labeled the federal Social Security adjudicatory scheme an inquisitorial procedure, owing in part to the investigatory nature of the Administrative Law Judge. Despite the classification, in most jurisdictions around the world, the meaning of the term “inquisitorial” refers to many different concepts and processes that often do not replicate the pure inquisitorial model that originated in the Civil Law tradition. This article reports on an international research workshop that brought together academics, policy-makers, and judges who have served as Commissioners of public inquiries, to discuss polyjural decision-making in the administrative state. Participants stemmed from traditionally adversarial and inquisitorial jurisdictions, generating innovative comparative insights on hybridized administrative process and institutional design, in relation to hearing processes, legislative oversight, ombudsman, public inquiries and administrative investigations. The conference website can be found at: http://www.uwindsor.ca/law/inquisitorial-processes/ .
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