The writer advocates the view that courts interpret statutes so as to achieve their aim; that being justice in the case: as between the parties and in respect of the law. This is identified as the common thread that explains the apparent erratic behaviour of the courts in their use of the various methods or rules of interpretation. The Supreme Court decision, Attorney General of Québec v. 2747-3174 Québec Inc., is analysed against the background of this theory and is seen to give support to it.The court is shown to use various rules of interpretation, which lead the majority to a wide, and the minority to a narrow, interpretation of the Charter of Human Rights and Freedoms of Québec. Yet it is clear that in both cases the rules are merely a...
Should courts interpret the Constitution as they interpret statutes? This question has been answered...
The lawers of antiquity defined justice as "giving to each what is his ius [due, right]": ius suum c...
Constitutional authority for the development and implementation of the rules of court lies with both...
Constitutional scrutiny of legislation implies that a constitutional court controls whether the legi...
Globally, the justice system has set up courts to respond to complaints of a criminal and civil natu...
Examines the constitutional boundaries of the judicial function in the light of the Human Rights Act...
The text of the Charter separates the rights conferred from reasonable limits which may justifiably ...
The European Convention Human Rights system, despite being the most effective system in providing in...
The study of constitutional law clearly presupposes a theory of interpretation. All too often, howev...
The Supreme Court’s decision in United States v. Arthrex opens a window on a set of issues debated i...
Questions surrounding the legitimate extent of the judicial role have long been the source of contro...
This paper describes the practice of borrowing, from court to court, doctrines that gradually define...
Modern society is characterized by heightened complexity in the degree of interdependence among its ...
This paper suggests that several recent decisions of the Supreme Court show undue vagueness, inconsi...
Democracy require protection of certain fundamental rights, but can we expect courts to follow rules...
Should courts interpret the Constitution as they interpret statutes? This question has been answered...
The lawers of antiquity defined justice as "giving to each what is his ius [due, right]": ius suum c...
Constitutional authority for the development and implementation of the rules of court lies with both...
Constitutional scrutiny of legislation implies that a constitutional court controls whether the legi...
Globally, the justice system has set up courts to respond to complaints of a criminal and civil natu...
Examines the constitutional boundaries of the judicial function in the light of the Human Rights Act...
The text of the Charter separates the rights conferred from reasonable limits which may justifiably ...
The European Convention Human Rights system, despite being the most effective system in providing in...
The study of constitutional law clearly presupposes a theory of interpretation. All too often, howev...
The Supreme Court’s decision in United States v. Arthrex opens a window on a set of issues debated i...
Questions surrounding the legitimate extent of the judicial role have long been the source of contro...
This paper describes the practice of borrowing, from court to court, doctrines that gradually define...
Modern society is characterized by heightened complexity in the degree of interdependence among its ...
This paper suggests that several recent decisions of the Supreme Court show undue vagueness, inconsi...
Democracy require protection of certain fundamental rights, but can we expect courts to follow rules...
Should courts interpret the Constitution as they interpret statutes? This question has been answered...
The lawers of antiquity defined justice as "giving to each what is his ius [due, right]": ius suum c...
Constitutional authority for the development and implementation of the rules of court lies with both...