UNITY AND DIVERSITY IN CANADIAN FEDERALISM: IDEALS AND METHODS OF MODERATION

Authors

  • W R LEDERMAN

Abstract

This article makes observations about the nature and quality of judicial interpretations of division of powers under the B.N.A. Act. In so doing, it addresses the nature of the Canadian system for distributing legislative powers, and the significance of the POGG power. It comments on the quality of what the judges have said they are doing, and what critics have said they should be doing. The author argues that the best one can expect from Supreme Court judges is that they approach statutory interpretation with the intention of maintaining the fine balance between diversity and unity.

Keywords:

Constitutional Law, Politics and Political Theory

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Published

1975-09-01

Issue

Section

Legal Commentary