The end of law: Canada's national security legislation and the principle of shared humanity

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" The end of law: Canada's national security legislation and the principle of shared humanity "
Ziyaad E. Mia

Document Type	:	Latin Dissertation
Language of Document	:	English
Record Number	:	52966
Doc. No	:	TL22920
Call number	:	‭MR02511‬
Main Entry	:	Ziyaad E. Mia
Title & Author	:	The end of law: Canada's national security legislation and the principle of shared humanity\ Ziyaad E. Mia
College	:	University of Toronto (Canada)
Date	:	2005
Degree	:	LL.M.
student score	:	2005
Page No	:	115
Abstract	:	Canada's Anti-terrorism Act, enacted in the aftermath of September 11th, has been assailed by critics as threatening fundamental rights. The Act's extraordinary powers will likely to be used primarily against Muslim Canadians, thereby creating an inferior subset of citizens and offending what Ronald Dworkin calls the principle of shared humanity. That principle suggests that every person is entitled to equal respect and dignity based on their humanity, rather than status, faith or ethnicity. The Act also makes distinctions between citizens and non-citizens, further revealing how Canada's national security legislation and jurisprudence, especially in the field of immigration, offend shared humanity. While citizens are offered somewhat greater respect than non-citizens, the courts have nevertheless shown exceptional deference to government claims of national security under the Act, as they have historically under other legislation. Even with the advent of the Charter, courts have not fully embraced their oversight role where national security is concerned.
Subject	:	Social sciences; Law; Political science; 0615:Political science; 0398:Law
Added Entry	:	University of Toronto (Canada)