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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2013
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oai:scholar.dlu.edu.vn:DLU123456789-355372014-01-19T23:47:54Z A Common Law Theory of Judicial Review The Living Tree Waluchow, W. J Law Theory 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 2013-09-13T03:20:00Z 2013-09-13T03:20:00Z 2007 Book 978-0-511-27405-3 https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35537 en application/pdf Cambridge University Press |
| institution |
Thư viện Trường Đại học Đà Lạt |
| collection |
Thư viện số |
| language |
English |
| topic |
Law Theory |
| spellingShingle |
Law Theory Waluchow, W. J A Common Law Theory of Judicial Review The Living Tree |
| description |
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 |
| format |
Book |
| author |
Waluchow, W. J |
| author_facet |
Waluchow, W. J |
| author_sort |
Waluchow, W. J |
| title |
A Common Law Theory
of Judicial Review
The Living Tree |
| title_short |
A Common Law Theory
of Judicial Review
The Living Tree |
| title_full |
A Common Law Theory
of Judicial Review
The Living Tree |
| title_fullStr |
A Common Law Theory
of Judicial Review
The Living Tree |
| title_full_unstemmed |
A Common Law Theory
of Judicial Review
The Living Tree |
| title_sort |
common law theory
of judicial review
the living tree |
| publisher |
Cambridge University Press |
| publishDate |
2013 |
| url |
https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35537 |
| _version_ |
1819779051176329216 |