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Full-Text Articles in Law
The Role Of A Chief Justice In Canada, Peter W. Hogg
The Role Of A Chief Justice In Canada, Peter W. Hogg
Articles & Book Chapters
Professor Hogg describes the duties of Chief Justices in Canadian courts, and explains that the effective discharge of their many administrative functions plays a significant role in maintaining the independence of the judiciary.
The Amazing Three-Headed Limited Partner: Reflections On Old Loopholes And New Jurisprudence, Lisa Philipps
The Amazing Three-Headed Limited Partner: Reflections On Old Loopholes And New Jurisprudence, Lisa Philipps
Articles & Book Chapters
No abstract provided.
Envisaging Constitutional Space For Aboriginal Governments, Kent Mcneil
Envisaging Constitutional Space For Aboriginal Governments, Kent Mcneil
Articles & Book Chapters
When the Supreme Court decided Sparrow, it could have interpreted s. 35 of the Constitution to give Aboriginal peoples absolute power over Aboriginal and treaty rights, a power which neither Parliament nor the Provinces could trump. Instead, the Court interpreted s. 35 to mean that Parliament could still infringe Aboriginal rights if the infringement could be justified by a strict test. Professor McNeil suggests that this interpretation does not originate in the constitutional text so much as in the British constitutional concepts of Parliamentary sovereignty and the rule of law. He argues that the Court maintained Parliament's power to regulate …
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Articles & Book Chapters
No abstract provided.