British North American Act and Amendments

British North American Act and Amendments
Title British North American Act and Amendments PDF eBook
Author Canada
Publisher
Pages 372
Release 1943
Genre Canada
ISBN

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The Constitution Act, 1982

The Constitution Act, 1982
Title The Constitution Act, 1982 PDF eBook
Author Canada
Publisher
Pages 0
Release 1996
Genre Civil rights
ISBN

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The Judicial Committee and the British North America Act

The Judicial Committee and the British North America Act
Title The Judicial Committee and the British North America Act PDF eBook
Author G.P. Browne
Publisher University of Toronto Press
Pages 419
Release 1967-12-15
Genre Law
ISBN 1442651016

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This comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee’s interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O’Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O’Connor’s criticism is as ill founded as the alternative interpretive scheme he proposed, and that the “three-compartment” view represents the most convincing construction of sections 91 and 92 of the Act. He considers debatable the “organic statute” argument widely accepted in the United States and becoming more and more popular in Canada; and supports the premium which English courts have traditionally placed on certainty and stability in the law. Professor Browne concludes that the almost universal criticism in Canada of the Judicial Committee’s construction of the BNA Act is basically misconceived: Canadian jurists should think carefully before following trends set by American courts, for American purposes, in the context of American law, particularly when the repercussions of those trends are not as yet fully appreciated. This discussion will be of special interest for legal, political, and historical studies in this country, the United States, and other Commonwealth countries, especially those which have federal systems and consequently share the same basic problems of the judiciary in such a system.

Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies

Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies
Title Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies PDF eBook
Author John Dickinson
Publisher New York : Outlook Company
Pages 232
Release 1903
Genre Great Britain
ISBN

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Official Reports of the Debates of the House of Commons of the Dominion of Canada

Official Reports of the Debates of the House of Commons of the Dominion of Canada
Title Official Reports of the Debates of the House of Commons of the Dominion of Canada PDF eBook
Author Canada. Parliament. House of Commons
Publisher
Pages 232
Release 1927
Genre Canada
ISBN

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Journals

Journals
Title Journals PDF eBook
Author Canada. Parliament. House of Commons
Publisher
Pages 656
Release 1920
Genre
ISBN

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Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law
Title Constitutionalism and the Rule of Law PDF eBook
Author Maurice Adams
Publisher Cambridge University Press
Pages 559
Release 2017-02-02
Genre Law
ISBN 1316883256

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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.