Decisions Relating to the British North America Act

Decisions Relating to the British North America Act
Title Decisions Relating to the British North America Act PDF eBook
Author Great Britain. Privy Council. Judicial Committee
Publisher
Pages 762
Release 1954
Genre Constitutional law
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.

Decisions Relating to the British North American Act, 1867, and the Canadian Constitution, 1867-1954

Decisions Relating to the British North American Act, 1867, and the Canadian Constitution, 1867-1954
Title Decisions Relating to the British North American Act, 1867, and the Canadian Constitution, 1867-1954 PDF eBook
Author Great Britain. Privy Council. Judicial Committee
Publisher
Pages 840
Release 1954
Genre Constitutional law
ISBN

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The Statesman's Year-Book 1989-90

The Statesman's Year-Book 1989-90
Title The Statesman's Year-Book 1989-90 PDF eBook
Author J. Paxton
Publisher Springer
Pages 1718
Release 2016-12-28
Genre Political Science
ISBN 0230271189

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The classic reference work that provides annually updated information on the countries of the world.

1989–1990

1989–1990
Title 1989–1990 PDF eBook
Author John Paxton
Publisher Walter de Gruyter GmbH & Co KG
Pages 1728
Release 2021-06-21
Genre History
ISBN 3112420640

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No detailed description available for "1989-1990".

The Statesman's Year-Book 1988-89

The Statesman's Year-Book 1988-89
Title The Statesman's Year-Book 1988-89 PDF eBook
Author J. Paxton
Publisher Springer
Pages 1731
Release 2016-12-16
Genre Political Science
ISBN 0230271170

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The classic reference work that provides annually updated information on the countries of the world.

1988–1989

1988–1989
Title 1988–1989 PDF eBook
Author John Paxton
Publisher Walter de Gruyter GmbH & Co KG
Pages 1743
Release 2021-06-21
Genre History
ISBN 3112420624

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No detailed description available for "1988-1989".