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Full-Text Articles in Law
Possession And Title To Land In English Law, Kent Mcneil
Possession And Title To Land In English Law, Kent Mcneil
Articles & Book Chapters
The common law relating to land relies heavily on possession as a source of title and proprietary rights. Even a trespasser who wrongfully takes possession of land acquires a title to it that is good against anyone who cannot prove he or she has a better title. This is due in part to the rule that title is presumed from possession, but in addition it relies upon the incapacity of an outside claimant to rely on a jus tertii. In other words, the claimant is barred from pointing to a third party’s title under which he or she does not …
Federal Jurisdiction -- Pendent Parties -- Aboriginal Title And Federal Common Law -- Charter Challenges -- Reform Proposals: Roberts V. Canada, J. M. Evans, Brian Slattery
Federal Jurisdiction -- Pendent Parties -- Aboriginal Title And Federal Common Law -- Charter Challenges -- Reform Proposals: Roberts V. Canada, J. M. Evans, Brian Slattery
Articles & Book Chapters
No abstract provided.
The Crown’S Title To Lands In England, Kent Mcneil
The Crown’S Title To Lands In England, Kent Mcneil
Articles & Book Chapters
A fundamental principle of the common law, stemming from the doctrine of tenures, provides that the Crown has the underlying or radical title to all land within its common law dominions. Private persons and corporations do not “own” land; instead, they hold estates in land that are presumed to be derived from Crown grants. This common law edifice is built on the legal fiction that the Crown once possessed and therefore owned all the lands in England. As this is known to be a fiction, all it does is give the Crown its underlying title and thus a right to …
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
Articles & Book Chapters
The author submits that the logic and purpose of the Canadian Charter of Rights and Freedom, as it was originally conceived, demand that the substantive rights be given a broad and literal interpretation with limitations imposed exclusively under section 1. This distinction between breach and justification must be maintained to preserve the Charter's integrity. The author suggests that the Supreme Court of Canada's decision in Irwin Toy will only perpetuate the confusion surrounding Charter interpretation. The Court again failed to articulate a concrete conception of section 1 review, and, in obiter dicta, noted that forms of expressive activity having physical …
The Importance Of Not Being Ernest, Allan C. Hutchinson
The Importance Of Not Being Ernest, Allan C. Hutchinson
Articles & Book Chapters
Formalists have long tried to develop a legal theory, based on the internal rationality of law, which would free it from the influences of instrumentality and ideology. Focussing on the philosophical proposals of Ernest Weinrib, the author argues that this goal is both illusory and undesirable. Weinrib's theory assumes rather than proves the existence of this rationality, which is simply defined as an interrelationship between form and content. In order to maintain the coherence of this fragile relationship, Weinrib is either forced to articulate his theory on such a level of abstration so as to be irrelevant or to reintroduce …
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
Articles & Book Chapters
This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …
Are Constitutional Cases Political?, Brian Slattery
Are Constitutional Cases Political?, Brian Slattery
Articles & Book Chapters
To argue that constitutional adjudication is political does not carry us very far unless we go on to specify what the pursuit of politics entails, the goals it seeks to attain, and the basic principles informing its practice. The word political has no clearly defined meaning in modern usage. Rather, it has the chameleon-like capacity to change colours so as to blend with a variety of different conceptual backgrounds. Of course, if we adopt an Aristotelian notion of politics as the pursuit of the common good of a community and the individual goods of its members, we can agree that …
Education And Linguistic Security In The Charter, Denise Réaume, Leslie Green
Education And Linguistic Security In The Charter, Denise Réaume, Leslie Green
Articles & Book Chapters
The authors provide an interpretive framework for minority language education rights as guaranteed in Section 23 of the Canadian Charter of Rights and Freedoms. They argue that the purpose of such rights is to protect linguistic security. Attending to that value and to the text of the Charter, they seek to explain he nature and ground of the limitation which confines application of the right to circumstances in which numbers warrant. In doing so, they critically discuss a number of judgments bearing on the content of the right, the relevance of cost in securing the right, and the appropriate judicial …