A Common Law Theory of Judicial Review The Living Tree
In the early 1980s Canada experienced a fundamental change in its political and legal structures.AnewConstitution Act (1982) came into effect, declaring itself to be “the supreme law of Canada.” This new Constitution Act further decreed that “any law that is inconsistent with [its] provisions . ....
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| Format: | Book |
| Language: | English |
| Published: |
Cambridge University Press
2013
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| Subjects: | |
| Online Access: | https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35537 |
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| Institutions: | Thư viện Trường Đại học Đà Lạt |
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| Summary: | In the early 1980s Canada experienced a fundamental change in its political and
legal structures.AnewConstitution Act (1982) came into effect, declaring itself
to be “the supreme law of Canada.” This new Constitution Act further decreed
that “any law that is inconsistent with [its] provisions . . . is, to the extent of
the inconsistency, of no force or effect.”1 In themselves, these statements seem
innocuous enough. By its very nature a constitution contains a society’s basic
law; it is reasonable, therefore, to think that it trumps any subordinate law with
which it conflicts. What made the Constitution Act’s declarations so momentous
and deeply controversial, however, was the inclusion of a new Charter
of Rights and Freedoms. This specified a number of abstract rights of political
morality that federal, provincial, and municipal governments were legally
barred from infringing.2 Among these rights were the right to equality before
and under the law; the right to life, liberty, and security of the person, coupled
with the companion right not to be deprived of the former except in accordance
with the principles of fundamental justice; and the right to freedom of
thought, belief, opinion, expression, and association.3 |
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