SOSC 4370 Lecture Notes - Lecture 5: Alien Tort Statute, International Criminal Court, Nancy Fraser
20 Mar 2016
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Document Summary
State of the art in law and society. Access to justice: first and second order issues. Distinction between first-order and second-order issues of access to justice: first-order justice: the actual issues that drive the need to quest for access to justice. Framing issues are familiar in domestic legal issues. Decision during the late 1980s said that they could not claimed most charter rights, but they could claim some constitutional rights to a have a fair hearing. Supreme courts around the charter made early decisions which say that corporations in many circumstance have the same rights as individual person. Example: freedom of expression: canadian companies can claim that advertising is a constitutional right that they have if the government are going to descript advertising, they need to have some constitutional reasoning. Americans don"t have issues restricting advertisements; corporations don"t have the same protections as in canada.
