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Law Commons

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Constitutional Law

2006

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Full-Text Articles in Law

Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin Dec 2005

Book Review(Reviewing Arguing Marbury V. Madison (Mark Tushnet Ed., 2005), Robert Lipkin

Robert Justin Lipkin

No abstract provided.


So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry Dec 2005

So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry

Sujit Choudhry

R. v. Oakes is widely regarded as one of the most important judgments interpreting Canada’s Charter of Rights and Freedoms. In addition to laying down its famous proportionality test to assess the reasonableness of limits on Charter rights, it clarified the Supreme Court of Canada’s Court’s interpretive methodology for Charter cases, perhaps most centrally that rights are of presumptive importance, and limitations the exception that are only acceptable if governments meet a demanding test of justification. The citation of Oakes by courts in Antigua and Barbuda, Australia, Fiji, Hong Kong, Ireland, Israel, Jamaica, Namibia, South Africa, the ...