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“PUBLIC INTEREST,” JUDICIAL REASONING AND VIOLENCE OF THE LAW: CONSTRUCTING BOUNDARIES OF THE “MORALLY ACCEPTABLE”

“PUBLIC INTEREST,” JUDICIAL REASONING AND VIOLENCE OF THE LAW: CONSTRUCTING BOUNDARIES OF THE... Constitutional courts have a major role to play in not only defining such concepts as “public interest” and “public harm” but also in contributing to the process of shaping society’s perceptions of acceptable boundaries of citizenship and defining which individuals and actions should be left outside the scope of the “morally acceptable.” In other words, constitutional courts are at the forefront of determining the extent to which the “plurality of values” can be accommodated in a democratic society, which interests take precedence and under what circumstances. This article examines the uncertain boundaries of “public interest” and the place of equality in regards to gay students within varying educational contexts. Through the examination of Trinity Western University case law, this article examines the capacity of judicial reasoning to either perpetuate violence or to find, identify and “transform the sources and effects of violence,” while recognizing the intersectionality of inequalities. Keywords: “public interest”; balancing of constitutional rights; public sphere; gay identities http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Contemporary Readings in Law and Social Justice Addleton Academic Publishers

“PUBLIC INTEREST,” JUDICIAL REASONING AND VIOLENCE OF THE LAW: CONSTRUCTING BOUNDARIES OF THE “MORALLY ACCEPTABLE”

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Publisher
Addleton Academic Publishers
Copyright
© 2009 Addleton Academic Publishers
ISSN
1948-9137
eISSN
2162-2752
Publisher site
See Article on Publisher Site

Abstract

Constitutional courts have a major role to play in not only defining such concepts as “public interest” and “public harm” but also in contributing to the process of shaping society’s perceptions of acceptable boundaries of citizenship and defining which individuals and actions should be left outside the scope of the “morally acceptable.” In other words, constitutional courts are at the forefront of determining the extent to which the “plurality of values” can be accommodated in a democratic society, which interests take precedence and under what circumstances. This article examines the uncertain boundaries of “public interest” and the place of equality in regards to gay students within varying educational contexts. Through the examination of Trinity Western University case law, this article examines the capacity of judicial reasoning to either perpetuate violence or to find, identify and “transform the sources and effects of violence,” while recognizing the intersectionality of inequalities. Keywords: “public interest”; balancing of constitutional rights; public sphere; gay identities

Journal

Contemporary Readings in Law and Social JusticeAddleton Academic Publishers

Published: Jan 1, 2017

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