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2001

Courts

Dalhousie Law Journal

Articles 1 - 2 of 2

Full-Text Articles in Law

The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins Oct 2001

The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins

Dalhousie Law Journal

This article reviews the institutional and substantive impact that the Human Rights Act has on English law through its incorporation of the European Convention on Human Rights. Under the Act, higher courts can now move beyond a formalistic method of judicial review and substantively evaluate legislation in light of the Convention. The judiciary can accordingly issue declarations that statutes are incompatible with the Convention which, although not invalidating the act in question, will bring considerable political pressure to bear on Parliament to ensure compliance. The Act further directs courts to give special regard to the decisions of the European Court ...


The Legislature, The Executive And The Courts: The Delicate Balance Of Power Or Who Is Running This Country Anyway?, A Wayne Mackay Oct 2001

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 ...