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Full-Text Articles in Law
Some Thoughts On The Supreme Court’S Assessment Of The Constitutionality Of Dna Warrants, Richard Haigh
Some Thoughts On The Supreme Court’S Assessment Of The Constitutionality Of Dna Warrants, Richard Haigh
Richard Haigh
No abstract provided.
Does The Observer Have An Effect?: An Analysis Of The Use Of The Dialogue Metaphor In Canada's Courts, Richard Haigh, Michael Sobkin
Does The Observer Have An Effect?: An Analysis Of The Use Of The Dialogue Metaphor In Canada's Courts, Richard Haigh, Michael Sobkin
Richard Haigh
In "Charter Dialogue Revisited-Or 'Much Ado About Metaphors,"' it is noted that the original idea behind the dialogue metaphor was simply to describe Canada's constitutional structure. Despite this, the metaphor has been criticized for having normative content and influencing courts and legislatures. In this commentary, the authors analyze all Supreme Court of Canada and lower court uses of the dialogue metaphor and conclude that, with some exceptions, the courts have employed the metaphor properly, i.e., descriptively. Since, however, the metaphor can be misapplied-used other than to describe or explain the relationship between the courts and legislatures in Canada-the authors recommend …
Terms Of Convenience: Examining Constitutional Overrulings By The High Court, Richard Haigh, Gian Boeddu
Terms Of Convenience: Examining Constitutional Overrulings By The High Court, Richard Haigh, Gian Boeddu
Richard Haigh
No abstract provided.