In practice, no question ever arises respecting the effectiveness of judicial decisions in matters of public law. Whether or not a judgment is technically executory is of no importance. There is such a high degree of respect for the decisions of the courts, specially those of the Supreme Court of Canada, that public authorities practically never feel free to seek a way out of compliance with a judicial pronouncement. Remedial powers of the courts are entrenched under the Canadian Charter of Rights and Freedoms and the Constitution is declared to be the supreme law of Canada. There is thus very limited scope for governmental action in defiance of court orders. The only specific provision for such action appears to be a section of the Extradi...
Natural justice and fairness (the « new natural justice ») are well known notions of administrative ...
Bien que les juges exercent l’une des fonctions les plus importantes de la société, les règles qui e...
Given the almost total lack of constitutional or statutory provisions for the formulation and applic...
To measure how effective the decisions of criminal courts really are, the author identifies the vari...
Referring to doctrinal categories, the judicial control of public authorities' actions could be achi...
The author deals with the question of the Supreme Court's entire jurisdiction over all subject matte...
In this paper, the author deals with the legal foundations of judicial control over errors of law al...
The decisions rendered last December by the Supreme Court of Canada in Blaikie and Forest and in the...
The object of this article considers the ever-evolving concept of jurisdiction in the context of jud...
In the Farrah case, the Supreme Court of Canada declared unconstitutional a provision in Quebec Tran...
Depuis le début des années 80, le sujet de l'indépendance judiciaire fait l'objet, à l'échelle inter...
The proliferation of governmental controls and services has created new aspects of governmental liab...
This article outlines the difficulties which were felt to exist in the prerogative orders of certior...
This article is a comparison of the use of extrinsic materials by the courts of Canada and of the Un...
This paper surveys the outlook and statements of Quebec and Canadian legal scholars and judges on is...
Natural justice and fairness (the « new natural justice ») are well known notions of administrative ...
Bien que les juges exercent l’une des fonctions les plus importantes de la société, les règles qui e...
Given the almost total lack of constitutional or statutory provisions for the formulation and applic...
To measure how effective the decisions of criminal courts really are, the author identifies the vari...
Referring to doctrinal categories, the judicial control of public authorities' actions could be achi...
The author deals with the question of the Supreme Court's entire jurisdiction over all subject matte...
In this paper, the author deals with the legal foundations of judicial control over errors of law al...
The decisions rendered last December by the Supreme Court of Canada in Blaikie and Forest and in the...
The object of this article considers the ever-evolving concept of jurisdiction in the context of jud...
In the Farrah case, the Supreme Court of Canada declared unconstitutional a provision in Quebec Tran...
Depuis le début des années 80, le sujet de l'indépendance judiciaire fait l'objet, à l'échelle inter...
The proliferation of governmental controls and services has created new aspects of governmental liab...
This article outlines the difficulties which were felt to exist in the prerogative orders of certior...
This article is a comparison of the use of extrinsic materials by the courts of Canada and of the Un...
This paper surveys the outlook and statements of Quebec and Canadian legal scholars and judges on is...
Natural justice and fairness (the « new natural justice ») are well known notions of administrative ...
Bien que les juges exercent l’une des fonctions les plus importantes de la société, les règles qui e...
Given the almost total lack of constitutional or statutory provisions for the formulation and applic...