judicial review
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
Fifty Shades of Ultra Vires: The Many Faces of Judicial Review of Legislation
On Friday May 13th, participants gather in person and virtally to mark the retirement of Justice Rosalie Silberman Abella from the Supreme Court of Canada. This event, organized by the Canadian Institute for the Administration of Justice (CIAJ), celebrates Justice Abella’s life, career, and her influence on law and society. She retired from Canada’s highest […] 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
The Continuing Significance of Dr Bonham’s Case
Dr Bonham’s Case stands as one of the most iconic cases in the common law world. More than four centuries after Coke CJ famously stated that the common law controls Acts of Parliament, it may yet still help better understand some of the more recent contentious constitutional developments in common law-based systems. In particular, over the […] Lire la suite