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Law Reform In Quebec: A Cautionary Note, Philip Slayton
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Dalhousie Law Journal
Law reform is everywhere in Canada. On all sides substantial changes in diverse areas of the law are constantly being proposed by government organizations whose only purpose is to make such proposals. The reforms mooted by these bodies (these reforms are typically described as "long overdue") are generally welcomed as correcting deficiencies in law and as signalling the legal system's responsiveness to changing social and other standards. Is the law reform pace, if not furious, too fast? What is the most appropriate forum for initiating change in law? Such questions seem reasonable enough, and yet a traditionalist might well argue …
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Law Reform In Quebec: A Cautionary Note, Philip Slayton
Dalhousie Law Journal
Law reform is everywhere in Canada. On all sides substantial changes in diverse areas of the law are constantly being proposed by government organizations whose only purpose is to make such proposals. The reforms mooted by these bodies (these reforms are typically described as "long overdue") are generally welcomed as correcting deficiencies in law and as signalling the legal system's responsiveness to changing social and other standards. Is the law reform pace, if not furious, too fast? What is the most appropriate forum for initiating change in law? Such questions seem reasonable enough, and yet a traditionalist might well argue …
In The Last Resort: A Critical Study Of The Supreme Court Of Canada, L. C. Green
In The Last Resort: A Critical Study Of The Supreme Court Of Canada, L. C. Green
Dalhousie Law Journal
Paul Weiler has given us a book which can help end the sterile debate between the analytical school and those who advocate a policy-oriented approach to legal analysis. Weiler demonstrates that each of these groups is making a valid claim on our legal system in terms of the common law tradition, and that an appropriate style of legal reasoning in the Supreme Court of Canada requires a blending of legal policy and doctrinal analysis. The interesting thing to discover is that the style of reasoning urged by Weiler looks like the tradition of the common law at its best, as …