L’État de droit, une perspective de droit comparé — Canada

"L'État de droit, une perspective de droit comparé -- Canada", Comparative Law Library Unit, European Parliamentary Research Service, May 2023, XI and 113 p.

This paper is part of a series of comparative studies that aim to present the concept of the rule of law in different States and international organisations. After an overview of the relevant legal principles and case law, the content, limits and possible evolution of the concept are examined.

The study focuses on Canada.

Deriving from English public law, the rule of law in Canada possesses the elements generally associated with a formal conception, while its substantive dimension remains less well defined. The main contemporary controversy concerning the rule of law is its relationship with legislation. A “thin” substantive conception is proposed, consisting of the essential elements of the rule of law that are capable of controlling state action, including legislation.

This content has been updated on 13 June 2023 at 14 h 12 min.