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Dalhousie Law Journal

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Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro May 1992

Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro

Dalhousie Law Journal

Contemporary legal culture spends a great deal of energy in generating arguments about constitutional law. Typically, such arguments concern the determination of the content of constitutional clauses which define the meaning and extension of governmental powers, individual rights and civil liberties, the allocations of power among different departments of government, or among local and supra-local spheres of government, and so forth.


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …


A Progress Report On The Canadian Bill Of Rights, J. N. Lyon May 1976

A Progress Report On The Canadian Bill Of Rights, J. N. Lyon

Dalhousie Law Journal

When the Parliament of Canada enacted the Canadian Bill of Rights' in 1960 it injected fresh authority into the judicial power of interpretation of federal laws. The process of interpretation of the Bill ofRights itself has been difficult for a judiciary trained to accept law as given and to take for granted the great creative periods and personalities of English law without regard to the fact that much if not most of the civil liberties tradition in English (and therefore Canadian) law was triggered by declaratory statutes like Magna Carta and the English Bill ofRights. The decade and a half …