The British North America Acts as Interpreted by the Judicial Committee of the Privy Council PDF Download

Author: Great Britain. Privy Council. Judicial Committee
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 302

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Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 1442692340
Category : Law
Languages : en
Pages : 305

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On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

Author: G.P. Browne
Publisher: University of Toronto Press
ISBN: 1442651016
Category : Law
Languages : en
Pages : 419

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This comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee’s interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O’Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O’Connor’s criticism is as ill founded as the alternative interpretive scheme he proposed, and that the “three-compartment” view represents the most convincing construction of sections 91 and 92 of the Act. He considers debatable the “organic statute” argument widely accepted in the United States and becoming more and more popular in Canada; and supports the premium which English courts have traditionally placed on certainty and stability in the law. Professor Browne concludes that the almost universal criticism in Canada of the Judicial Committee’s construction of the BNA Act is basically misconceived: Canadian jurists should think carefully before following trends set by American courts, for American purposes, in the context of American law, particularly when the repercussions of those trends are not as yet fully appreciated. This discussion will be of special interest for legal, political, and historical studies in this country, the United States, and other Commonwealth countries, especially those which have federal systems and consequently share the same basic problems of the judiciary in such a system.

Author: J. Doutre
Publisher: Lovell & Sons
ISBN:
Category : CANADA CONSTITUTIONAL HISTORY CASES
Languages : en
Pages : 426

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"The British North America act, 1867, its interpretation, gathered from the decisions of courts, the dicta of judges, and the opinions of statesmen and others, to which is added The Quebec resolutions of 1864, and the constitution of the United States."--T.p.

Author: Great Britain. Privy Council. Judicial Committee
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 878

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Author: Canada
Publisher: Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN:
Category : Law
Languages : en
Pages : 188

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Consolidated as of April 17, 1982.

Author: Great Britain. Privy Council. Judicial Committee
Publisher:
ISBN:
Category : British North America Act 1867
Languages : en
Pages : 840

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Author: John T. Saywell
Publisher: University of Toronto Press
ISBN: 9780802086563
Category : History
Languages : en
Pages : 486

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Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

Author: Margaret Banks
Publisher: McGill-Queen's Press - MQUP
ISBN: 077356926X
Category : History
Languages : en
Pages : 400

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As clerk of the House of Commons, Bourinot advised the speaker and other members of the house on parliamentary procedure; he also wrote the standard Canadian work on the subject. A founding member of the Royal Society of Canada, he played a leading role during the Society's first twenty years. Ahead of his time in writing intellectual history, Bourinot was also an early supporter of higher education for women. He was a man of contrasts, an early Canadian nationalist as well as an imperialist. In spite of the constitutional changes of 1982, there is still much in Bourinot's writing that is relevant today.

Author: Peter H. Russell
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773584293
Category : Political Science
Languages : en
Pages : 621

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