TOWARD A POLITICAL CONCEPTION OF MINORITY RIGHTS: RECONCILING SOVEREIGNTY, HUMAN RIGHTS AND MINORITY CLAIMS

The question that I will explore in this research dissertation is whether one can defend the rights of homeland minorities as a progressive extension of the existing norms of human rights. This question calls for several deeper inquiries about the nature, the function and the underlying justifications for both human rights and minority rights. In particular, this research project will examine the following issues: on what normative grounds the available norms of human rights and minority rights are justified; if there is any methodic way to use the normative logic of human rights to support substantial forms of minority claims, such as the right to self-determination; whether human rights can take the form of group rights; and finally, whether there is any non-sectarian basis for justifying the minority norms, which can be acceptable from both liberal and non-liberal perspectives. This research project has some implications for both theories of minority rights and human rights. On the one hand, the research employs the topic of minority rights to shed light on deficiencies of the existing political theories of human rights. On the other hand, it uses the political theory to shed light on how existing theories of minority rights could be improved and amended. The inquiry will ultimately clarify how to judge the merit of the claim that minority rights are or should be a part of human rights norms.

Making the Men of Tomorrow: American Science Fiction and the Politics of Masculinity, 1965 – 1974

Suggesting that the political diversity of American science fiction during the 1960s and early 1970s constitutes a response to the dominance of social liberalism throughout the 1940s and 1950s, I argue in Making the Men of Tomorrow that the development of new hegemonic masculinities in science fiction is a consequence of political speculation. Focusing on four representative and influential texts from the 1960s and early 1970s, Philip K. Dick’s The Three Stigmata of Palmer Eldritch and Ubik, Robert A. Heinlein’s The Moon Is a Harsh Mistress, and Ursula K. Le Guin’s The Dispossessed, this thesis explores the relationship between different conceptions of hegemonic masculinity and three separate but related political ideologies: the social ethic, market libertarianism, and socialist libertarianism. In the first two chapters in which I discuss Dick’s novels, I argue that Dick interrogates organizational masculinity as part of a larger project that suggests the inevitable infeasibility of both the social ethic and its predecessor, social liberalism. In the next chapter, I shift my attention to Heinlein’s The Moon Is a Harsh Mistress as a way of showing how, unlike Dick, other authors of the 1960s and early 1970s sought to move beyond social liberalism by imagining how new political ideologies, in this case market libertarianism, might change the way men see themselves. Having demonstrated how the libertarian potential of Heinlein’s novel is ultimately undermined by its insistent and uncompromising biological determinism, I then discuss how Le Guin’s The Dispossessed uses the socialist libertarianism of the moon Anarres to suggest a more egalitarian form of masculinity, one that makes possible, to some extent at least, a future in which men might embrace not only the mutual aid of socialism, but also the primacy of individual rights that is at the heart of all forms of libertarianism and liberalism.

Expanding our Constitutional Horizons: A Comprehensive Study of Quasi-Constitutionality in Canada

A number of laws in Canada which uphold rights are referred to as quasi-constitutional by the courts in recognition of their special importance. Quasi-constitutional statutes are enacted through the regular legislative process, although they are being interpreted and applied in a fashion which has become remarkably similar to constitutional law, and are therefore having an important affect over other legislation. Quasi-constitutionality has surprisingly received limited scholarly attention, and very few serious attempts at explaining its significance have been made. This dissertation undertakes a comprehensive study of quasi-constitutionality which considers its theoretical basis, its interpretation and legal significance, as well as its similarities to comparable forms of law in other Commonwealth jurisdictions. Part I examines the theoretical basis of quasi-constitutionality and its relationship to the Constitution. As a statutory and common law form of fundamental law, quasi-constitutionality is shown to signify an association with the Canadian Constitution and the foundational principles that underpin it. Part II proceeds to consider the special rules of interpretation applied to quasi-constitutional legislation, the basis of this interpretative approach, and the connection between the interpretation of similar provisions in quasi-constitutional legislation and the Constitution. As a statutory form of fundamental law, quasi-constitutional legislation is given a broad, liberal and purposive interpretation which significantly expands the rights which they protect. The theoretical basis of this approach is found in both the fundamental nature of the rights upheld by quasi-constitutional legislation as well as legislative intent. Part III explores how quasi-constitutional statutes affect the interpretation of regular legislation and how they are used for the purposes of judicial review. Quasi-constitutional legislation has a significant influence over regular statutes in the interpretative exercise, which in some instances results in conflicting statutes being declared inoperable. The basis of this form of judicial review is demonstrated to be rooted in statutory interpretation, and as such it provides an interesting model of rights protection and judicial review that is not conflated to constitutional and judicial supremacy.