Le concept de droits

Abstract

In his 1963 article, Professor Jacques-Yvan Morin outlined the philosophical foundations for a prospective Quebec Charter of Rights. Building on these insights, this research examines the contemporary philosophical and legal theories that have emerged since Morin’s seminal work and the adoption of the Quebec Charter of Human Rights and Freedoms. The first part draws on the philosophy of law to explore the notions of liberalism and pluralism, the principles elaborated by the courts, and the hypothesis of the ethnicization of law. The second part presents, with regard to legal theory, analyses of legal pluralism and soft law, legal pragmatism and the requisite reflexivity, and the educational and promotional functions of the Commission. To establish the contemporary philosophical and theoretical foundations of Charter rights, the present-day works of numerous Quebec Charter experts are referenced.