TESTS FOR VALIDITY OF LEGISLATION UNDER THE BRITISH NORTH AMERICA ACT: A REPLY TO PROFESOR LASKIN
AbstractD.W. Mundell defends his article on “Tests for the Validity of Legislation under the British North America Act” against Bora Laskin vehement criticisms of it in an article in the University of Toronto Law Journal. Mr. Mundell makes no apologies for the publication of an article intended to promote discussion and elucidate the topic without claiming to be definitive. He concedes, however, that in ascribing meanings to certain questions of interpretation for the courts, he approached tests for validity backwards. The author goes on to discuss other aspects of his article in relation to Mr. Laskin’s in order to illuminate the common ground and points of contention.
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