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.
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Bare Majorities: On Voting in Constitutional Adjudication
In this thesis, I question the use of a majority voting rule (hereinafter 'majority rule') to control the constitutionality of legislation. This thesis mainly applies to jurisdictions that are generally considered ... -
The Law of Constitutional Amendment and the Entrenchment and Reform of Canada’s Federal Institutional Architecture: the Purposes, Principles, Procedure and Practice governing the Operation of Part V of the Constitution Act, 1982
This doctoral dissertation examines the central institutional architecture of the Constitution of Canada through the lens of the Constitution’s written amending procedures. The thesis proposes that the legal procedures ... -
The Wicked Problem of Prostitution and Sex Work Policy in Canada
Prostitution is a wicked problem. The debate over prostitution policy in Canada includes a range of differently situated stakeholders centring different problems, proposing solutions that are in apparent conflict, and ... -
The Regulation of Sexual History Evidence: A Historical-Doctrinal Study of its Origins, Judicial Treatment, and Contemporary Limitations
This is a long-term historical-doctrinal study of the law governing the admissibility of sexual history evidence. It begins in the period before 1982, when Canada’s original rape shield legislation was enacted. It (mostly) ... -
Legality Matters: Crimes Against Humanity and the Legitimacy of the Las Through a Fullerian Lens
The prohibition on retroactive law is a fundamental principle of international criminal law. It is also a fundamental principle in many domestic legal systems. The principle prohibits authorities from convicting individuals ... -
A Time and Manner to Die: a Study of Medical Assistance in Dying in Canada
At the heart of one’s decision to seek medical assistance in dying lie a person’s autonomy and bodily integrity. In Carter v Canada (Attorney General), the Supreme Court of Canada applied this reasoning to hold that every ... -
Examining the Mechanisms for Dismissal of Frivolous and Abuse of Process Claims in the International Investment Regime: a Case of Failed Legal Transplant?
Investor-state arbitration is in a phase of reform. One aspect of this reform process is that the recently-negotiated treaties and updated arbitration rules include mechanisms for the early dismissal of frivolous claims ... -
Between Universalism and Cultural Relativism: A Justification for Universality in the Application of International Human Rights to Contemporary Africa
When the United Nations moved to promulgate the ICCPR and ICESCR in 1966, the world seemed set on a path to an international regime of human rights. This regime, it was hoped, would provide sovereign nation-States with the ... -
Attack on the Geneva Conventions? A Principled Review of the US Military Strike on the MSF Trauma Centre in Kunduz, Afghanistan
In October 2015, the US military attacked a trauma center operated by the global aid agency Médecins Sans Frontières in Kunduz, Afghanistan. Because medical facilities are protected pursuant to international law from being ... -
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 ...
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