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Canada: From Privy Council to Supreme Court

Peter W. Hogg

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0003
Subject:
Law, Comparative Law

Canada has no single document that is customarily described as ‘the constitution’. The closest approximation of such a document is the Constitution Act 1867, which was originally named the British ... More


Reading and Writing the Law: Macaulay in India

Michael Hancher

in Law and Language: Current Legal Issues Volume 15

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673667
eISBN:
9780191751769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673667.003.0089
Subject:
Law, Comparative Law, Philosophy of Law

On 5 February 1835, Thomas Babington Macaulay prepared a memorandum or ‘minute’ for the governor general of India, Lord William Bentinck, in which he interpreted aspects of 53 Geo. III c. 155 (1813), ... More


National Procedural Choices before the Court of Justice of the European Union

Pieter Van Cleynenbreugel

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0010
Subject:
Law, Public International Law, Comparative Law

Chapter 10 analyses the standards of review relied upon by the CJEU in its assessment of national procedural choices, and in particular the role of the notion of mitigated procedural autonomy—a ... More


The Persistence of Puritan Law in Massachusetts, 1660–85

William E. Nelson

in The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660–1750

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190465056
eISBN:
9780190465087
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190465056.003.0007
Subject:
Law, Legal History, Comparative Law

In the first twenty-five years after 1660, the governments of Charles II and James II sought to repress Puritanism and to force the Bay Colony to accept the common law. New Hampshire was split off ... More


Organs—Structure, Competences, and Decision-Making Processes

David S Berry

in Caribbean Integration Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199670079
eISBN:
9780191749452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670079.003.0004
Subject:
Law, Public International Law, Comparative Law

Chapter 4 introduces the primary, secondary, and administrative organs of both CARICOM and the OECS. It examines their natures, competences, and decision-making processes. It contrasts the qualified ... More


An Applicable International Rule of Law

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0006
Subject:
Law, Public International Law, Comparative Law

The late Tom Bingham spoke eloquently of the rule of law’s crucial role in the international arena, saying it is ‘one of the greatest unifying factors, perhaps the greatest, the nearest we are likely ... More


War Powers and the War on Terrorism

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0010
Subject:
Law, Private International Law, Comparative Law

This chapter considers the relevance of international law within the U.S. legal system to the United States’ initiation and conduct of war. After briefly reviewing some of the most relevant treaties ... More


Enhancing Constitutional Self-Understanding through Comparative Law: An Empirical Study of the Use of Foreign Case Law by the Supreme Court of Canada (1982–2013)

Gianluca Gentili

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0021
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Since the adoption of the 1982 Charter of Rights and Freedoms (Charter), the Supreme Court of Canada (SCC or Court) has established itself as one of the most progressive constitutional judges ... More


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