Administrative Law

Canadian Cases in the Philosophy of Law by Jerome Bickenbach

By Jerome Bickenbach

This publication makes on hand a wealth of fabric that illustrates the appliance of felony ideas in a Canadian context. Bickenbach has incorporated over 40 situations, each one rigorously edited to put off fabric no longer proper to the major concerns concerned. some of the very important constitution of Rights judgements of the Eighties and Nineteen Nineties are one of the decisions, yet so are early landmark judgements - similar to the 1930 "persons" case within which the Judicial Committee of the Privy Council overturned a ruling that the restrict of Senate appointments to "qualified folks" intended that ladies couldn't be thought of. For the recent variation Professor Bickenbach has additional twelve contemporary circumstances, together with R. v. Latimer and RJR - Macdonald Inc. v. Attorney-General of Canada.

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52 of the Constitution Act, 1982 requires that the unilingual Acts of the Manitoba Legislature be declared to be invalid and of no force or effect, and (ii) without more, such a result would violate the rule of law. The task the Court faces is to recognize the unconstitutionality of Manitoba's unilingual laws and the Legislature's duty to comply with the "supreme law" of this country, while avoiding a legal vacuum in Manitoba and ensuring the continuity of the rule of law. A number of the parties and interveners have suggested that the Court declare the unilingual Acts of the Manitoba Legislature to be invalid and of no force or effect and leave it at that, relying on the legislatures to work out a constitutional amendment.

The word is ambiguous and in its original meaning would un- Page 24 doubtedly embrace members of either sex. On the other hand, supposing in an Act of Parliament several centuries ago it had been enacted that any person should be entitled to be elected to a particular office it would have been understood that the word only referred to males, but the cause of this was not because the word "person" could not include females but because at Common Law a woman was incapable of serving a public office.

The rule of law is another. Judicial independence is a third.  . Judicial authority in the United Kingdom has matured into a strong and effective means of ensuring that governmental power is exercised in accordance with law. Judicial independence is the essential prerequisite for this judicial authority. " In Canada, the constitutional foundation for the principle of judicial independence is derived from many sources. Because the sources for the principle are both varied and powerful, the principle itself is probably more integral and important in our constitutional system than it is in the United Kingdom.

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