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Full-Text Articles in Law
The Legislature, The Executive And The Courts: The Delicate Balance Of Power Or Who Is Running This Country Anyway?, A Wayne Mackay
The Legislature, The Executive And The Courts: The Delicate Balance Of Power Or Who Is Running This Country Anyway?, A Wayne Mackay
Dalhousie Law Journal
The expanding role of Canadian courts since the introduction of the Charter has prompted critics to decry what they see as excessive and "anti-democratic" judicial activism. The author addresses such criticisms, responding, in particular, to the arguments of Ted Morton and Rainer Knopff. The article critiques the basic elements of Morton/Knopf's thesis: that activist courts are anti-democratic, excessively political, and engaging in illegitimate law-making. Rejecting the claim that Canada's judiciary is a less democratic state institution, the author notes the powerful law and policy-making role performed by the federal cabinet-for practical purposes, an unelected body. The author endorses the dialogue …
Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand
Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand
Dalhousie Law Journal
Canada's Oceans Act, now five years old, is a ground-breaking piece of legislation in marine law which provides a framework for the development of a national oceans strategy, integrated planning and management, and institutional responsibilities. In this article, the authors review the Act and its issues and argue that the uncertainties found there provide opportunities for participants in the Atlantic Canada offshore oil and gas industry to influence the development of an oceans policy, legal and institutional framework that accommodates all interests.