Law, Faculty of
The Faculty of Law at Queen's has long been the school of choice for law students in Canada, thanks to its preeminent reputation for both academic excellence and community spirit.
This community includes research outputs produced by faculty and students. Submitting works to QSpace may enable compliance with the Tri-Agency Open Access Policy on Publications.
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Reducing the Tension in the Application of International Humanitarian Law and Human Rights Law to Asymmetric Warfare
Abstract There are two similar but competing legal regimes in the international domain that protect people: human rights law and humanitarian law. Currently, the two regimes are in tension. In the last four decades, ... -
In Praise of Rebellion: Constituent Power, Democracy, and the American Revolution
There seems to be a consensus today that representative democracy is facing a period of severe crisis. Contemporary scholars and popular commentators from the most diverse backgrounds and political leanings seem to agree ... -
What We Talk About When We Talk About Skills: Toward a Taxonomy of Legal Skills for Teaching and Leaning in Ontario
When stakeholders in legal education discuss skills teaching and learning, do they share conceptual and linguistic common ground? Or do they simply assume that such common ground exists? This qualitative study explores ... -
The Canadian Nondelegation Doctrine: An Architectural Imperative
Delegation of legislative authority to the executive branch is a dominant practice in the modern Canadian administrative state. This dissertation argues that such delegation is unconstitutional. The unwritten principles ... -
Expanding our Constitutional Horizons: A Comprehensive Study of Quasi-Constitutionality in Canada
A number of laws in Canada which uphold rights are referred to as quasi-constitutional by the courts in recognition of their special importance. Quasi-constitutional statutes are enacted through the regular legislative ... -
WIPO and the Reinforcement of the Nagoya Protocol: Towards Effective Implementation of an Access and Benefit Sharing Regime for the Protection of Traditional Knowledge Associated with Genetic Resources
Traditional knowledge associated with genetic resources (TKaGRs) is acknowledged as a valuable resource. Its value draws from economic, social, cultural, and innovative uses. This value places TK at the heart of competing ... -
Taking Organizations Seriously: Responsible Agency, Organizations and the Criminal Law
In the post-Enlightenment period, Anglo-American criminal law has been applied with increased force, and an ever expanding scope, to collective actors like corporations and other organizations. Recent scholarship has ... -
The Constitutional Status of Aboriginal Languages in Canada
(2016-11-01)The languages of Indigenous peoples are threatened with disappearance worldwide, and Canada is no exception. Of the fifty or so Aboriginal languages still spoken in Canada today, only three can be considered relatively ... -
Identical Origins, Divergent Paths: Filial Responsibility Laws in Canada and the United States
(2016-10-03)This dissertation examines the origins of filial responsibility laws in Canada and the United States, laws which prescribe that adult children have an obligation of support which is owed to their parents. Filial responsibility ... -
Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System
(2016-09-30)This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation ... -
The Evolution and Reform of Summary Trials in Canadian Military Justice
(2016-09-22)There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial ... -
CONSTITUTIONAL JUSTICE IN AFRICA: An Examination of Constitutional Positivism, Fundamental Law and Rights in Ghana and Nigeria
(2016-06-29)This work explores the idea of constitutional justice in Africa with a focus on constitutional interpretation in Ghana and Nigeria. The objective is to develop a theory of constitutional interpretation based upon a conception ... -
Sandcastles of hope? Civil society organizations and the working conditions of migrant farmworkers in North America
(2016-06-15)This research explores whether civil society organizations (CSOs) can contribute to more effectively regulating the working conditions of temporary migrant farmworkers in North America. This dissertation unfolds in five ... -
Constitutionality of Ontario Education Sector Bargaining
(2016-04-29)At the time of writing, bargaining in Ontario’s education sector is governed under two regimes; The Putting Students First Act - legislation which imposed Collective Agreements across Ontario, and its successor legislation; ... -
Inter-nation tax equity: An enquiry into the distributive justice concerns of international tax allocations between countries
(2016-04-22)This thesis examines whether the economic benefits of international commerce are or can be equitably distributed between countries through international tax systems. It explores how international tax revenue is presently ... -
The Role of Consent and Communication in Environmental Regulation: A Developing Country Perspective
(2016-04-22)The failure of the civil society to generate and communicate commonly shared (consensual) environmental values and the incapability of the other social systems- environmental law and the environmental protection agencies- ... -
The Untapped Power of Section 28 of the Canadian Charter of Rights and Freedoms
(2015-12-23)This dissertation is the first comprehensive examination of the history, interpretation, and potential application of section 28 of the Canadian Charter of Rights and Freedoms, guaranteeing rights and freedoms "equally to ... -
RESOLUTION 1267 COMMITTEE IN THE WAR ON TERROR: A Ticking Time Bomb on Human Rights
(2015-12-16)ABSTRACT The United Nations Security Council's efforts to suppress and to halt the acts of international terrorism resulted in the adoption of resolution 1267 in 1999 pursuant to chapter VII of the Charter of the United ... -
The Pro Homine Framework and the Roman Law Spirit of International Human Rights Law
(2015-10-09)The Romans were the first civilization that envisaged an international legal system rooted in the human person and for all humankind. The innovation of this concept was precisely its universality centered on the human ... -
Complicity in international criminal law: A fragmented law in need of a new approach
(2015-10-03)Since the advent of the concept of complicity in international crimes in the years following the end of World War 2, the international jurisprudence has had difficulties in conclusively establishing the content of this ...
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