Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The National Class As Extraterritorial Legislation, Jeffrey Haylock
The National Class As Extraterritorial Legislation, Jeffrey Haylock
Dalhousie Law Journal
This article argues that provincially constituted multijurisdictional class actions violate the constitutional law of extraterritoriality. It begins with a brief overview of the lawof adjudicativejurisdiction, then provides a longer overviewof the separate body of law that imposes extraterritorial limits on substantive provincial legislation. The author then demonstrates the substantive characterof classaction legislation, which necessarily entails the applicability of the law ofextraterritoriality However, much of the relevant jurisprudence, as well as some of the relevant academic literature, has ignored this important issue.Application ofthe lawofextraterritoriality does, indeed, raise serious constitutional concerns, as the article's central section demonstrates. The desirable efficiencies of national …
A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela
A Proposed Transjudicial Approach To S. 15(2) Charter Adjudication, Vanita Goela
Dalhousie Law Journal
Canada and India are both pluralistic democracies with diverse populations. Both countries have drafted constitutional provisions which enshrine equality rights and permit affirmative action. In India, various disadvantaged groups receive special protection from the Constitution of India, such as the Other Backward Classes (OBC). The Supreme Court of India has held that States and the Central government must identify the "creamy layer" within the OBC category so that reservations target members who are most in need. Otherwise, the OBC category is overinclusive. The creamy layer includes those who are socially and economically advanced and who no longer require the benefits …