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Messages - Nahid Afreen

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Law / Re: The Canadian Doctrine of Living Tree
« on: January 03, 2019, 07:30:35 AM »
So nice of you, sir.

Substantive laws / Re: An overview on judicial review.
« on: November 29, 2018, 11:15:43 PM »
Thanks for sharing. 

Good one. 👍🏻

Corporate Legal Job / Re: Top 10 Employability Skills
« on: November 29, 2018, 11:01:08 PM »
Thank you for sharing.  :)

Corporate Legal Job / Re: Job Circular
« on: November 29, 2018, 10:59:58 PM »
Thank you for sharing.

Law / Qualitative vs. Quantitative Research
« on: November 29, 2018, 10:54:19 PM »

Law / Syria: Hundreds of bodies exhumed from mass grave in Raqqa
« on: November 28, 2018, 06:04:34 AM »
A month and a half since digging in one of Raqqa's largest discovered mass graves began, grave diggers continue to exhume bodies, with one official saying that more than 500 bodies have been so far recovered.

The operation in the city in northern Syria, once the de facto capital of the Islamic State of Iraq and the Levant (ISIL, also known as ISIS) armed group, is being undertaken by local groups and first responders amid concerns regarding the preservation of bodies and evidence for possible war crimes trials.

Raqqa was taken from ISIL in October 2017 after a fierce US-backed campaign, but recovery teams continue to locate mass graves in and around the city.

The Panorama mass grave, named after the neighbourhood where it was found, is one of the largest of nine mass graves discovered so far, and is believed to contain around 1,500 bodies.

Hammoud al-Shawakh, a local official involved in the work, was quoted as saying by The Associated Press news agency on Tuesday that 516 bodies believed to be of ISIL fighters and civilians have so far been exhumed.

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Law / Re: The Doctrine of Eclipse
« on: November 28, 2018, 06:01:52 AM »

Law / Re: Triple Talaq Judgment: Justice For Muslim Women
« on: November 09, 2018, 11:56:03 PM »
Thanks for sharing.

Law / The Canadian Doctrine of Living Tree
« on: November 09, 2018, 11:29:59 PM »
The Persons Case and the Living Tree Theory of Constitutional Interpretation (Robert J. Sharpe)

On October 18, 1929, Lord Sankey, England’s reform-minded Lord Chancellor, ruled that women were eligible for appointment to Canada’s Senate. This was a significant victory for Edmonton Judge Emily Murphy, her four female colleagues, known as the “famous five”, and for the women’s movement in Canada.  The Judicial Committee of the Privy Council, then Canada’s court of last resort, had rejected the prevailing view of Canada’s legal establishment that women were not, in the words of the constitution, “qualified persons” for appointment to the Senate.

Lord Sankey’s bold decision overruled the Supreme Court of Canada’s 1928 judgment insisting that the meaning of the constitution could not change with time. Women could not hold public office in 1867 and, said the Supreme Court, only a constitutional amendment could render them “qualified persons.” Striking the most powerful and enduring metaphor in modern Canadian constitutional jurisprudence, Lord Sankey announced that the constitution is “a living tree capable of growth and expansion within its natural limits,” a document that is in “a continuous process of evolution.”

This paper will consider origins and the legacy of the “living tree” metaphor in Canadian constitutional interpretation.

Robert Sharpe has been a member of the Court of Appeal for Ontario since 1999. Before his appointment as a trial judge in 1995, he was a professor and Dean at the Faculty of Law, University of Toronto. He is a Fellow of the Royal Society of Canada. Robert Sharpe is a Visiting Professor at Oxford University and was awarded LL.D. degrees from the Law Society of Upper Canada and the University of Windsor in 2011. He has written several books including The Persons Case: The Origins and Legacy of the Fight for Legal Personhood (with Patricia McMahon) (2007).
The Living Tree In Theory and Practice (Peter C. Oliver)

I propose to look at how the “living tree” doctrine has been applied in Canada in a selection of cases since 1929. I will also attempt to situate this doctrine in constitutional and legal theory. I am particularly interested in the extent to which contextual factors are relevant to courts in constitutional adjudication.

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Law / The Doctrine of Eclipse
« on: November 09, 2018, 11:20:10 PM »
The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid. It is not dead totally but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment to the relevant fundamental right so that eclipse vanishes and the entire law becomes valid.

When a Court strikes a part of law, it becomes unenforceable. Hence, an 'eclipse' is said to be cast on it. The law just becomes invalid but continues to exist. The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
The Supreme Court of India, in P Ratinam case, has held Section 309 of the Indian Penal Code, 1860 unconstitutional. Hence, the section was under eclipse. However, a constitutional bench in Gian Kaur case reversed this decision and held the section as constitutional whereby the eclipse was removed and it because operable again.


Law / How ICT can help in education?
« on: November 09, 2018, 11:10:27 PM »
ICTs can enhance the quality of education in several ways: by increasing learner motivation and engagement, by facilitating the acquisition of basic skills, and by enhancing teacher training. ICTs are also transformational tools which, when used appropriately, can promote the shift to a learner-centered environment.

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