カナダにおける「法資料へのアクセス」と「法の支配」の一断面 : CCH Canadian Ltd. v. Law Society of Upper Canadaを例として
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概要
- 論文の詳細を見る
In 1999, Federal Court of Canada (Trial Division) deliverd the opinion on CCH Canadian Ltd v. Law Society of Upper Canada. Law Society of Upper Canada (hereinafter "LSUC") provided copies of legal materials held by its "Great Library" to the members. Majour legal publishers claimed a delcaration that the LSUC had infringed plantiff's copyright. The LSUC submitted that "public interest" is a defence based upon general principle of common law and Canadian Charter of Rights and Freedoms. One question in this case is whether the LSUC's duty to maintain "due administration of justice" and "rule of law" override plantiff's copyright or not. In this paper, the author examine the both parties' argument on this point and try to find the LSUC's argument is not based upon "citizen's interest accessing legal materials" but upon very traditional sense of "access to justice through lawyers."
- 尚美学園大学の論文
- 2001-10-31