Academic literature on the topic 'Canada. Privy Council. Judicial Committee'

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Journal articles on the topic "Canada. Privy Council. Judicial Committee"

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Richardson, Ivor LM. "The Privy Council as the Final Court for the British Empire." Victoria University of Wellington Law Review 43, no. 1 (2012): 103. http://dx.doi.org/10.26686/vuwlr.v43i1.5048.

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After introductory comments on how the Judicial Committee functioned as the final court for the British Empire for over a century, this article discusses a range of highly unusual cases from India, Canada and New Zealand. The aim is to give something of the flavour of the Judicial Committee's work and its impact on local courts. The final section of the paper suggests conclusions that can be drawn from that survey.
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Honickman, Asher. "The Original Living Tree." Constitutional Forum / Forum constitutionnel 28, no. 1 (2019): 29–36. http://dx.doi.org/10.21991/cf29376.

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One of the main arguments in Canada in favour of the “living tree” doctrine is that it has deep roots in our constitutional tradition. As the Supreme Court of Canada said in Reference Re Same-Sex Marriage, the living tree is “one of the most fundamental principles of Canadian constitutional interpretation.” The argument goes something like this: beginning with the famous “Persons case” of 1929 (Edwards v. Canada(Attorney General)), the Judicial Committee of the Privy Council recognized the Constitution to be a living tree, capable of evolving to meet new social and economic realities, and this
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Beaton, Ryan. "De facto and de jure Crown Sovereignty: Reconciliation and Legitimation at the Supreme Court of Canada Ryan." Constitutional Forum / Forum constitutionnel 27, no. 1 (2019): 25–34. http://dx.doi.org/10.21991/cf29371.

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This paper offers a short story of Crown sovereignty at the Supreme Court Canada in order to shed light on questions the Court has raised about the legitimacy of Crown sovereignty over territory claimed by First Nations. In skeletal form, the story is simple. The Crown — first Imperial British and later Canadian federal and provincial — asserted sovereignty over what is now Canadian territory, and Canadian courts (and the Judicial Committee of the Privy Council) accepted those assertions without question. Yet the Supreme Court of Canada has lately qualified Crown sovereignty in striking ways,
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Smith, Miriam. "Ghosts of the Judicial Committee of the Privy Council: Group Politics and Charter Litigation in Canadian Political Science." Canadian Journal of Political Science 35, no. 1 (2002): 3–29. http://dx.doi.org/10.1017/s000842390277813x.

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This article examines the criticism of the activist Supreme Court of Canada in Canadian political science, as exemplified by the work of F. L. Morton and Rainer Knopff. It compares the debate over the legitimacy of judicial review with a previous generation's debates over the same question with reference to the role and impact of the Judicial Committee of the Privy Council on the development of Canadian federalism. The article argues that, particularly in examining the role of groups in the litigation process, we need to return to the lessons of the previous debate on the JCPC by emphasizing t
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Morrow, W. G. "The Last Case [Reprint — (1978) 16:1 Alta. L. Rev. 1]." Alberta Law Review 52, no. 1 (2014): 49. http://dx.doi.org/10.29173/alr11.

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This is an exact reprint of an article published in 1978 in Volume 16 of the Alberta Law Review. It is the story of the last appeal to go from Canada to the Judicial Committee of the Privy Council, as told by the late Justice Morrow of the Supreme Court of Alberta Appellate Division. This article not only describes the background to a historically significant case that went through the Appellate Division, but also provides the unique perspective of one of its former members. As noted in the original abstract, “[t]he material contained in the reported decisions is interesting but it is hoped th
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Beaton, Ryan. "De facto and de jure Crown Sovereignty: Reconciliation and Legitimation at the Supreme Court of Canada." Constitutional Forum / Forum constitutionnel 26, no. 4 (2018): 25. http://dx.doi.org/10.21991/cf29360.

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This paper offers a short story of Crown sovereignty at the Supreme Court Canada in order to shed light on questions the Court has raised about the legitimacy of Crown sovereignty over territory claimed by First Nations. In skeletal form, the story is simple. The Crown — first Imperial British and later Canadian federal and provincial — asserted sovereignty over what is now Canadian territory, and Canadian courts (and the Judicial Committee of the Privy Council) accepted those assertions without question. Yet the Supreme Court of Canada has lately qualified Crown sovereignty in striking ways,
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7

Schneiderman, David. "Haldane Unrevealed." Review Essay 57, no. 3 (2012): 597–626. http://dx.doi.org/10.7202/1009068ar.

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When historians proffer historical truths they “must not merely tell truths,” they must “demonstrate their truthfulness as well,” observes Hackett Fisher. As against this standard, Frederick Vaughan's intellectual biography of Richard Burdon Haldane does not fare so well. Vaughan argues that Viscount Haldane’s jurisprudential tilt, which favoured the provinces in Canadian federalism cases before the Judicial Committee of the Privy Council, was rooted in Haldane’s philosophizing about Hegel. He does so, however, without much reference to the political and legal currents within which Haldane tho
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Keyes, John Mark. "Methodology for Interpreting Constitutional Legislation: Crucially Different or Much the Same?" Revue générale de droit 54 (2024): 99–147. https://doi.org/10.7202/1118441ar.

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This article considers whether the methodology for interpreting legislation that forms part of the Constitution of Canada is the same as or different from the methodology for interpreting other legislation. Former Chief Justice Dickson’s characterization of the interpretation of the Constitution as “crucially different from that of construing a statute” has had a significant effect on constitutional jurisprudence, but in what sense is it different and have these differences been overstated? This article begins by examining the features of constitutional legislation Dickson mentions and conclud
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9

Coutts, J. A. "Judicial Committee of the Privy Council." Journal of Criminal Law 53, no. 4 (1989): 466–72. http://dx.doi.org/10.1177/002201838905300405.

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Coutts, J. A. "Judicial Committee of the Privy Council." Journal of Criminal Law 57, no. 1 (1993): 79–83. http://dx.doi.org/10.1177/002201839305700105.

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Dissertations / Theses on the topic "Canada. Privy Council. Judicial Committee"

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Young, Harold. "Extraterritorial Courts and States: Learning from the Judicial Committee of the Privy Council." 2016. http://scholarworks.gsu.edu/political_science_diss/40.

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In 2015, South Africa withdrew from the International Criminal Court asserting United Nation’s Security Council bias in referring only African cases (Strydom October 15, 2015; Duggard 2013) and the United Kingdom reiterated a pledge to withdraw from the European Court of Human Rights, asserting that the court impinges on British sovereignty (Watt 2015). Both are examples of extraterritorial courts which are an important part of regional and global jurisprudence. To contribute to our understanding of the relationship between states and extraterritorial courts, I examine arguably the first and b
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Books on the topic "Canada. Privy Council. Judicial Committee"

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1859-1931, Newcombe Edmund L., ed. The British North America Acts as interpreted by the Judicial Committee of the Privy Council, with brief explanatory or critical text: A handbook. S.E. Dawson, 1997.

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Court, Canada Exchequer, Canada Supreme Court, and Great Britain. Privy Council. Judicial Committee., eds. Dominion law reports: Cited D.L.R. : ... comprising every case reported in the courts of every province, and also all the cases decided in the Supreme Court of Canada, Exchequer Court and the Railway Commission, together with Canadian cases appealed to the Privy Council. Canada Law Book Co., 1997.

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Great Britain. Privy Council. Judicial Committee. Judgment of the Lords of the Judicial Committee of the Privy Council on the appeal of Charles Russell v. the Queen, on the information of Woodward, from the Supreme Court of New Brunswick, delivered 23rd June, 1882. s.n., 2002.

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Court, Canada Supreme, and Great Britain. Privy Council. Judicial Committee., eds. A commentary on the Canadian law of simple contracts, with additional chapters on the rules governing Canadian appeals to the Judicial Committee of the Privy Council and the Supreme Court of Canada. Carswell, 1995.

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Great Britain. Privy Council. Judicial Committee. and Quebec (Province). Court of Queen's Bench., eds. Judgement of the Lords of the Judicial Committee of the Privy Council on the appeal of Forget v. Ostigny: From the Court of Queen's Bench for Lower Canada, province of Quebec, delivered 30th March 1895. s.n., 1986.

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Great Britain. Privy Council. Judicial Committee. Judgment of the Lords of the Judicial Committee of the Privy Council on the appeal of Dame Henriette Brown v. Les curé et marguilliers de l'oeuvre et fabrique de Notre-Dame de Montréal, from Canada, delivered 21st November, 1874. s.n., 1993.

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Great Britain. Privy Council. Judicial Committee., ed. Argument before the Judicial Committee of the Privy Council of the special case as to the validity of the award of the 3rd September, 1870: Respecting the division and adjustment of the debts, credits, liabilities, properties and assets of the province of Canada, under the 142nd section of the British North America Act, 1867. s.n.], 1986.

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8

Goldring, John. The Privy Council and the Australian Constitution. University of Tasmania Law School, 1996.

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9

Company, Labrador, and Quebec (Province). Court of Queen's Bench., eds. Judgment of the Lords of the Judicial Committee of the Privy Council on the consolidated appeals of the Labrador Company v. the Queen, and the Queen v. the Labrador Company, from the Court of Queen's Bench of Lower Canada, province of Quebec: Delivered 19th November 1892. s.n., 1986.

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10

Howell, P. A. The Judicial Committee of the Privy Council, 1833-1876: Its origins, structure, and development. Wm. W. Gaunt, 1986.

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Book chapters on the topic "Canada. Privy Council. Judicial Committee"

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Barrett, Maxwell. "The Judicial Committee of the Privy Council." In The Law Lords. Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1057/9780230596993_6.

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Calabresi, Steven Gow. "Canada: From Privy Council to Supreme Court." In The History and Growth of Judicial Review, Volume 1. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0006.

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This chapter assesses the emergence of judicial review in Canada. Canadian judicial review emerged as a direct result of federalism and separation of powers umpiring by the Judicial Committee of the Privy Council (JCPC), which was Canada’s highest court from the adoption of the British North America Act in 1867 until Canada ended appeals to the JCPC in 1949. There was also, as Ran Hirschl would argue, an element of elite hegemonic entrenchment by imperial British colonial elites in the retention of the JCPC as the highest court of appeals in Canada from the creation of the Supreme Court of Can
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Calabresi, Steven Gow. "The Privy Council: The Umpire of the British Empire." In The History and Growth of Judicial Review, Volume 1. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0004.

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This chapter describes the history and workings of the Privy Council, which was the Supreme Court of both the First and Second British Empires from 1607 until the present day. The Judicial Committee of the Privy Council (JCPC), as it came to be called in 1833, provided vertical federalism judicial review in all British Imperial cases arising outside of England and Wales to ensure that English colonies were not adopting laws that were repugnant to English law. The British Empire from 1607 to the present day was and is a constitutional federal entity with centralized federalism judicial review v
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MacMillan, Catharine. "Empire’s Law: Archives and the Judicial Committee of the Privy Council." In Canada's Legal Pasts. University of Calgary Press, 2020. http://dx.doi.org/10.1515/9781773851181-009.

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"7 The Judicial Committee of the Privy Council and the Canadian Constitution." In The Persons Case. University of Toronto Press, 2008. http://dx.doi.org/10.3138/9781442684980-010.

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"Judicial committee of the Privy Council, “Re regulation and control of radio communication, ” 9 February 1932, Dominion Law Reports (1932) 2 D.L.R., 81-88." In Documents of Canadian Broadcasting. McGill-Queen's University Press, 1988. http://dx.doi.org/10.1515/9780773580893-016.

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"The Judicial Committee of the Privy Council." In AS Level Law. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843140153-28.

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O’brien, Derek. "Lord Kerr and the Judicial Committee of the Privy Council." In The Judicial Mind. Hart Publishing, 2021. http://dx.doi.org/10.5040/9781509944811.ch-009.

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Mann, F. A. "Re Philippine Admiral." In Notes and Comments on Cases in International Law, Commercial Law, and Arbitration. Oxford University PressOxford, 1992. http://dx.doi.org/10.1093/oso/9780198257981.003.0023.

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Abstract On Guy Fawkes’ Day 1975 the Judicial Committee of the House of Lords and the Judicial Committee of the Privy Council respectively rendered decisions which relate to wholly different topics, yet have some common features.
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"9 The Judicial Committee of the Privy Council Decides." In The Persons Case. University of Toronto Press, 2008. http://dx.doi.org/10.3138/9781442684980-012.

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