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Thesis

Implied constitutional principles

Abstract:

This thesis challenges some of the current limits to the grounds for judicial review of legislation accepted by most Canadian jurists. More specifically, it makes a common law-based argument in favour of the priority over legislation of principles which are implied from the Imperial Constitution Acts 1867-1982 and which originally derive from the English constitution – namely implied constitutional principles. The argument faces two main interrelated legal objections: Parliamentary soverei...

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Worcester College
Role:
Author

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Division:
SSD
Department:
Law
Role:
Supervisor
Publication date:
2012
Type of award:
DPhil
Level of award:
Doctoral
Awarding institution:
Oxford University, UK

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