Notes
Author | Gregory Tardi |
Pages | 179-198 |
Notes
See Francis Fukuyama, e End of History and the Last Man (New York: Free
Press, ).
e Economist Intelligence Unit, Democracy Index : In Sickness and in
Health ? (London, UK: February ), online: www.eiu.com/n/campaigns/
democracy-index-/mktoForm_anchor.
EP ompson, Whigs and Hunters: e Origins of the Black Act (New York: Knopf
Doubleday, ).
| The Need for Better Understanding of
Government and Governing
Constitution Act, (UK), & Vict, c , reprinted in RSC , App II,
No [Constitution Act, ], online: laws.justice.gc.ca/PDF/CONST_TRD.pdf.
Reference re Alberta Statutes, [] SCR .
Notably Boucher v e King, [] SCR , CanLII (SCC); Saumur v
City of Quebec, [] SCR , CanLII (SCC), and Switzman v Elbling,
[] SCR , CanLII (SCC).
Bill C-, An Act to amend the Constitution of Canada, d Sess, th Parl, ,
online: primarydocuments.ca/wp-content/uploads///BillCst
ReadJune.pdf.
Constitution Act, , above note .
POLITICAL LAW IN CANADA
Reference re Secession of Quebec, [] SCR [Quebec Secession Reference] at
para .
Ref re Remuneration of Judges of the Prov Court of PEI, [] SCR .
Ontario v OPSEU, [] SCR , CanLII (SCC), Referen ce re Prov-
incial Electoral Boundaries (Sask), [] SCR ; R v Oakes, [] SCR
, CanLII (SCC), Harvey v New Brunswick (Attorney General), []
SCR , CanLII (SCC).
Beyond the work of the courts and the scholars, there have been many
popular attempts to define the notion of Democracy. One example is the
CBC television series hosted by Patrick Watson entitled e Struggle for
Democracy. is was accompanied by a book bearing the same title (Toronto:
Lester & Orpen Dennys and CBC Enterprises, ). A more recent example
is the documentary entitled What Is Democracy? produced by Astra Taylor
that aired on TVO on August . Such programs amply illustrate the
diculty of defining the concept and staying on focus.
SCC .
ONCA at para .
Quebec Secession Reference, above note at para [emphasis added].
Tom Bingham, e Rule of Law (London: Penguin Books, ) at .
Roncarelli v Duplessis, [] SCR at .
Re Manitoba Language Rights, [] SCR at paras & .
Code of Civil Procedure (Québec), CQLR, c C-..
Reference re Code of Civil Procedure (Que), art , SCC at headnote.
Quebec Secession Reference, above note at para .
Unwritten Constitutional Principles: What Is Going On?, Remarks of the Right
Honourable Beverley McLachlin, PC, CJ ( December ), online:
www.scc-csc.ca/judges-juges/spe-dis/bm----eng.aspx?pedisable=true.
Refah Partisi (e Welfare Party) and others v Turkey [GC], Nos /, /,
/, and /, ECHR .
Mathieu-Mohin and Clerfayt v Belgium, No /, ECHR .
Selahattin Demirtaş v Turkey (No ) [GC], No /, ECHR .
e best example of this dilemma today is the People’s Republic of China. In
a succession of fundamental documents that should be understood to be pri-
marily geared for foreign consumption, that country calls itself D/democratic.
From the Canadian perspective, these very documents, extolling one-party
rule and the development of “whole-process people’s democracy,” show how
it is not. See Document No (also referred to as the Communiqué on the Current
State of the Ideological Sphere, online: www.chinafile.com/document--chinafile-
translation), an instrument of the Communist Party of China dating
from , and a document entitled China: Democracy at Works, issued on
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