Posts Tagged ‘Rule of law’

Yaniv Roznai, “Revolutionary Lawyering? On Lawyers’ Social Responsibilities and Roles during a Democratic Revolution”

August 14, 2013

Yaniv Roznai (Ph.D. Candidate, London School of Economics – Law Department) has posted “Revolutionary Lawyering? On Lawyers’ Social Responsibilities and Roles during a Democratic Revolution”, Southern California Interdisciplinary Law Journal, Vol. 22, No. 2, 2013. Here’s the abstract:

Do lawyers have any social responsibilities during a revolution? If so, what are they? Does the lawyer hold any special roles in revolutionary times? This article discusses these questions, which raise thorny theoretical and practical dilemmas. According to the article, revolutions in the Western world and the legal profession are linked. Therefore, the article describes the historical role lawyers have played in the great revolutions which have created stable liberal traditions based on the idea of “rights”: The Glorious English Revolution of 1688-1689 and the American and French Revolutions of the end of the 18th century. Moreover, the article deliberates on the characteristics of lawyers which support conservatism and oppose revolutions and vice versa. It then presents the conflicting duties which are imposed upon lawyers during revolutions. On the one hand, the lawyer has an obligation to preserve the legal order and the rule of law. This obligation may entail a duty to act in a counter-revolutionary manner. On the other hand, the lawyer has obligations to improve the legal system and to promote the rule of law. These may entail actions which support the revolutionary values or goals, especially in a democratic revolution. Lastly, the article considers the practical role of lawyers during a revolution, inter alia, in public speaking and assisting in drafting the basic documents of the new legal order. Even in times of revolutions that seek to collapse the existing legal order, the legal milieu is of great importance. The revolutionary lawyer plays a significant role in preserving and creating the temporary, transitional and new legal orders. According to the article, the participation of lawyers in a revolution strongly influences the legitimacy of the existing legal order and necessarily the legitimacy of the revolution itself.

A copy of the paper is available for download via SSRN here.

20 Years of Practice and All I Got What This Stupid Plaque

February 5, 2013

This Saturday (February 9th, 2013) mark my 20th year of practice since my call to the Ontario Bar in 1993.

I could take up this post talking about my experiences—my noble victories and my ignoble defeats— and what I have learned over two decades of having the privilege of membership in what I still consider a noble profession.

I could do that, but I won’t. (more…)

Ontario C.A. upholds stay of U.S.A.’s extradition request for Abdullah Khadr

May 6, 2011

The Rule of Law and international human rights remain alive and kicking in Canada.

Abdullah Khadr (right) looks on as his lawyer Dennis Edney talks to media outside court in Toronto, Wednesday, Aug.4, 2010. (Colin Perkel / THE CANADIAN PRESS via http://www.ctv.ca)

Today, the Court of Appeal for Ontario in United States of America v. Khadr,2011 ONCA 358 (Ont. C.A.), dismissed the appeal by the United States government to extradite Canadian citizen, Abdullah Khadr (the older brother of Omar Khadr currently held in Guantanamo Bay pending his return to Canada following his guilty plea to terrorism related charges). The Court of Appeal affirmed that a stay was the appropriate judicial response to a violation of the human rights of an individual sought for extradition on terrorism charges. (more…)


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