A Constitutional Bill of Rights — The Canadian Experience

Ison, Terence G.

doi:10.1111/1468-2230.00095

Modern Law Review

1997

DOI: 10.1111/1468-2230.00095

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A Constitutional Bill of Rights — The Canadian Experience

Terence G. Ison

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Some are More Equal than Others: the Decision of the Court of Justice in Grant v. South-West Trains

Barnard¹

1998

Camb. Yearb. Eur. Legal Stud.

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InPv.Sthe Court of Justice sent out a strong message that it was keen to protect the rights of minorities. Ruling that the Equal Treatment Directive 76/207 applies to the gender reassignment of the person concerned, the Court gave protection to P, a male to female transsexual. To justify its decision the Court said “[to] tolerate such discrimination [against transsexuals] would be tantamount, as regards such a person, to a failure to respect the dignity and freedom to which he or she is entitled, and which the Court has a duty to safeguard”. Its genuine commitment to safeguarding such rights was put to the test inGrant, when faced by the claim of a lesbian for concessionary rail travel for her partner under Article 141 (Article 119) EC on equal pay.

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Some are More Equal than Others: the Decision of the Court of Justice in Grant v. South-West Trains

Barnard¹

1998

Camb. Yearb. Eur. Legal Stud.

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The United Kingdom's Human Rights Act 1998 in Theory and Practice

McGoldrick¹

2001

ICLQ

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Thisessay assesses the significance of the United Kingdom's Human Rights Act (HRA) 1998 on legal theory and practice. Part II considers its constitutional context and significance; Part III deals with whether the European Convention on Human Rights has been ‘incorporated’. Part IV deals with its entry into force. The two principal methods used by the HRA to relate to (1) statutory interpretation and (2) a duty on public authorities or those exercising public functions. We consider these in turn. Part V analyses the interpretative obligation contained in the Act, the power for higher courts to make a ‘declaration of incompatibility’, and effects of such a declaration. Part VI explores the new statutory duty imposed by the Act. Part VII assesses the Act's remedial provisions. Part VIII notes the particular provision made for freedom of expression and freedom of religion. Part IX discusses the issues of ‘horizontal effect’ and the ‘margin of appreciation’. Part X concludes with an assessment of the significance of the HRA on legal theory and practice—just how big a difference has it made and will it make?

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8 Some are More Equal than Others: the Decision of the Court of Justice inGrantv.South-West Trains

Barnard¹

1998

Cambridge Yearbook of European Legal Studies

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A Constitutional Bill of Rights — The Canadian Experience

Cited by 3 publications

References 1 publication

Some are More Equal than Others: the Decision of the Court of Justice in Grant v. South-West Trains

Some are More Equal than Others: the Decision of the Court of Justice in Grant v. South-West Trains

The United Kingdom's Human Rights Act 1998 in Theory and Practice

8 Some are More Equal than Others: the Decision of the Court of Justice inGrantv.South-West Trains

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