LA METHODE CONTEXTUELLE
AbstractThe appropriateness of a so-called contextual method in Canadian constitutional law has been the subject of many judgments in the Supreme Court of Canada. That method is presented as the norm, or the acceptable, the desirable, or the privileged approach. The exact contours of the contextual method, however remain uncertain. After a review of its jurisprudential origins, this article addresses some of the developments; that is, the advent of a judicial empirical method, and the refinement of a method of interpretation of laws. A concern underlies the analysis here : the considerable, and sometimes determining importance of the role of the context, in constitutional judicial decisions, makes the uncertainty surrounding the ways of establishing contextual data intriguing.
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