La primauté du droit, l'égalité devant la loi et autres principes non écrits de notre constitution
Year:
2013
Author :
Volume and number:
, 58 (4)
Journal:
, McGill Law Journal
Pages :
, 1027-1058
Abstract
The Canadian legal system is based on the fundamental principle of the rule of law. The concept of the rule of law is conceived as a constitutional principle exerting an effective constraint on government action regardless of the existence of a formal constitutional or enabling statutory provision. Its importance is at the forefront of a number of Canadian decisions, including the famous Roncarelli v. Duplessis, where the Supreme Court of Canada recognized that a member of the government could be held personally liable for certain acts performed in the exercise of his or her functions. It is in this context that the theme of "Equality of all under the law" is deemed to be so important. It entails that any political community adhering to the ideal of a state of law question and examines the respective roles of the legislator, the executive and the courts.
Theme :
Right
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