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Of Banks, Federalism And Clear Statements: Comment On Bank Of Montreal V. Marcotte, Wade Wright
Of Banks, Federalism And Clear Statements: Comment On Bank Of Montreal V. Marcotte, Wade Wright
Law Publications
Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid …
The Gender Jurisprudence Of The Special Court For Sierra Leone: Progress In The Revolutionary United Front Judgments, Valerie Oosterveld
The Gender Jurisprudence Of The Special Court For Sierra Leone: Progress In The Revolutionary United Front Judgments, Valerie Oosterveld
Law Publications
No abstract provided.
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Law Publications
No abstract provided.