Add to ORKGThe Article sets out a theory of interpretation where the Charter reflects an authoritative standard of public policy. It is not to be used only as a test of legality but as a test of legitimacy. Section 35 of the Constitution on aboriginal rights offers an opportunity in which the Charter\u27s central concept of fundamental justice in the context of a free and democratic society can be applied to break out of sterile common law conceptions and interpretations. The questions of legitimacy and public policy are instrumental to the way we govern ourselves
In its approach to defining “analogous grounds” for the purposes of subsection 15(1) of the Charter ...
This article asks and answers the question of what conditions must be met for a constitutional regim...
Public law scholarship in the common law tradition often aims at elucidating a connection between la...
The Article sets out a theory of interpretation where the Charter reflects an authoritative standard...
This paper argues that constitutional interpretation should be non-discriminatory. Unfortunately, Ca...
This article examines the application of the principles of fundamental justice in section 7 of the C...
The author provides an analysis and critique of the various types of arguments advanced by Canadian ...
A shorter version of the text of this article was delivered on February 7, 1978, by Professor Ely at...
When the Supreme Court decided Sparrow, it could have interpreted s. 35 of the Constitution to give ...
The current debate over constitutional interpretation often proceeds on the assumption that the Cons...
The Supreme Court of Canada\u27s jurisprudence on constitutionally protected Aboriginal rights filte...
It is accepted that Canada’s Constitution is almost impossible to amend, and that this amendment rig...
In recent years, freedom of religion jurisprudence has emerged as a key site for the illumination of...
Starting with the premise that the Aboriginal peoples of Canada have an inherent right of self-gover...
Through an analysis of the Canadian case, this article explores the tension between the universal an...
In its approach to defining “analogous grounds” for the purposes of subsection 15(1) of the Charter ...
This article asks and answers the question of what conditions must be met for a constitutional regim...
Public law scholarship in the common law tradition often aims at elucidating a connection between la...
The Article sets out a theory of interpretation where the Charter reflects an authoritative standard...
This paper argues that constitutional interpretation should be non-discriminatory. Unfortunately, Ca...
This article examines the application of the principles of fundamental justice in section 7 of the C...
The author provides an analysis and critique of the various types of arguments advanced by Canadian ...
A shorter version of the text of this article was delivered on February 7, 1978, by Professor Ely at...
When the Supreme Court decided Sparrow, it could have interpreted s. 35 of the Constitution to give ...
The current debate over constitutional interpretation often proceeds on the assumption that the Cons...
The Supreme Court of Canada\u27s jurisprudence on constitutionally protected Aboriginal rights filte...
It is accepted that Canada’s Constitution is almost impossible to amend, and that this amendment rig...
In recent years, freedom of religion jurisprudence has emerged as a key site for the illumination of...
Starting with the premise that the Aboriginal peoples of Canada have an inherent right of self-gover...
Through an analysis of the Canadian case, this article explores the tension between the universal an...
In its approach to defining “analogous grounds” for the purposes of subsection 15(1) of the Charter ...
This article asks and answers the question of what conditions must be met for a constitutional regim...
Public law scholarship in the common law tradition often aims at elucidating a connection between la...
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