comparative constitutional law
Unwritten principles and extreme cases
This chapter seeks a possible broader consensus regarding the exercise of judicial review based on unwritten constitutional principles (UCPs) by taking a ‘bottom-up’ or practice-based approach in examining and connecting a series of leading cases that are considered to exemplify the prevailing position under Westminster constitutions. From this perspective, the argument from extreme cases can offer […] Lire la suite
Constitutional Principles
Principles form part and parcel of our law and legal discourse, so much so that we seldom think of what they are and what they entail. For centuries they have been invoked daily to interpret and argue about the law. But when it comes to matters of constitutional law, principles are further called upon to […] Lire la suite
How Exceptional is Judicial Review in Canada? Past, Present and Future
In the vast majority of legal systems, judicial review has become the principal mechanism through which most constitutional debates are eventually settled or at least receive some form of resolution. However, the terms of our national constitutions seldom provide for how the courts are to scrutinize the laws challenged before them. In Canada, the modern […] Lire la suite