By Jerome Bickenbach
This booklet makes available a wealth of fabric that illustrates the appliance of felony ideas in a Canadian context. Bickenbach has integrated over 40 situations, every one rigorously edited to get rid of fabric no longer appropriate to the main concerns concerned. a number of the very important constitution of Rights judgements of the Nineteen Eighties and Nineties are one of the choices, yet so are early landmark judgements - equivalent to the 1930 "persons" case within which the Judicial Committee of the Privy Council overturned a ruling that the limit of Senate appointments to "qualified folks" intended that ladies couldn't be thought of. For the recent variation Professor Bickenbach has extra twelve contemporary situations, together with R. v. Latimer and RJR - Macdonald Inc. v. Attorney-General of Canada.
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Additional resources for Canadian Cases in the Philosophy of Law
Example text
The fact that no woman had served or had claimed to serve such an office is not of great weight when it is remembered that custom would have prevented the claim being made, or the point being contested. Customs are apt to develop into traditions which are stronger than law and remain unchallenged long after the reason for them has disappeared. . Over and above that, their Lordships do not think it right to apply rigidly to Canada of today the decisions and the reasons therefor which commended themselves, probably rightly, to those who had to apply the law in different circumstances, in different centuries to countries in different stages of development.
It was a relatively simple matter to translate the legislation into French, but that would take time. In the meantime, what was to be done with the legal vacuum? The court came to the philosophically interesting conclusion that when all specific laws are found to be invalid, there still remains a kind of legal residue that fills the vacuum. What fills the vacuum is the rule of law itself. . In the present case the unilingual enactments of the Manitoba Legislature are inconsistent with s. 23 of the Manitoba Act, 1870 since the constitutionally required manner and form for their enactment has not been followed.
The main purpose of constitutional conventions is to ensure that the legal framework of the Constitution will be operated in accordance with the prevailing constitutional values or principles of the period. For example, the constitutional value which is the pivot of the conventions stated above and relating to responsible government is the democratic principle: the powers of the state must be exercised in accordance with the wishes of the electorate; and the constitutional value or principle which anchors the conventions regulating the relationship between the members of the Commonwealth is the independence of the former British colonies.