stare decisis example

Receive alerts:
by e-mail
E-mail Your information will be added to a database with the sole purpose of serving your subscription. This database is the exclusive property of vLex Networks S.L. and will never be shared with any other company. By sending your request you accept the Data Protection Policy of vLex Networks S.L. I have read and accept the Terms of Use
via RSS

88 documents for stare decisis example

- Ontario (Attorney General) v. Fraser , 2011 SCC 20 ; [2011] 2 S.C.R. 3, Ontario (Attorney General) v. Fraser, 2011 SCC 20, 2011 SCC 20 (2011)
...For example, it recently held that s. 2(b) may require the gov... of clarity and certainty that lie behind stare decisis;. 4. A prior decision that operates agains...
- Supreme Court of Canada
- Justice Ivan Rand and the role of a judge in the nation's highest court.
... earlier case, "fixed" by the doctrine of stare decisis, bound judges by principles or rules of la...'s metaphor was nicely illustrated by an example appropriately drawn from the work of Ivan Rand. Th...
- University of New Brunswick Law Journal
- Nbr. 61, December 2010
- Notwithstanding the Notwithstanding Clause: Political Regimes and Constitutional Politics in the United States and Canada
A range of scholars and commentators has recently observed the rise of judicial activism by the Supreme Court of Canada. However, unlike the United States, Canada's elected bodies possess a constitutional democratic check on most of the actions of the Supreme Court via section 33 of the Canadian Charter of Human Rights and Freedoms. Through this "notwithstanding clause", the federal parliament and provincial legislatures have the power to override a decision of the Supreme Court without the aid of a constitutional amendment. By looking to the American experience, this article explores the significance of this little-used clause for understanding the role of political regimes in the construction of Canadian constitutional doctrine, and considers its usefulness for resolving future consti...

... of the justices to legal principles such as stare decisis. (Kahn 1994) Nevertheless, in contrast to ...For example, one of the leading critics of judicial activism i...
- Canadian Foreign Policy
- Vol. 12 Nbr. 3, January 2005

- Canada (Attorney General) c. Burden, 2012 FC 383 (2012)
... with a Court’s direction as a matter of stare decisis and legal duty. 54 The principle of stare ... confronting issues of this kind: see, for example, Public Service Alliance of Canada v Canada (Food ...
- Cour Fédérale
- Year in review: developments in Canadian law in 2008.
...Mustapha v. Culligan (13) is an example. In that case, the Supreme Court of Canada (SCC) c...While neither of them have the effect of stare decisis in any lower courts, together they suggest...
- University of Toronto Faculty of Law Review
- Vol. 67 Nbr. 2, March 2009
- Canada (Attorney General) v. Burden, 2012 FC 383 (2012)
... with a Court’s direction as a matter of stare decisis and legal duty. 54 The principle of stare ... confronting issues of this kind: see, for example, Public Service Alliance of Canada v Canada (Food ...
- Federal Court
- R. v. Hape, 2007 SCC 26 (2007)
...International law knows no rule of stare decisis. If this court today is satisfied that the... it had the opportunity to do so: see, for example, Gouvernement de la République démocratique du C...
- Supreme Court of Canada
- Air Canada Pilots Association v. Kelly, 2011 FC 120 (2011)
... are entitled to deference: see, for example, Consolidated Fastfrate Inc. v. Western Canada Cou... legal system operates on the principle of stare decisis . That is, in the interest of providing ce...
- Federal Court
- Fernandez c. Canada (Attorney General), 2011 FC 275 (2011)
..., I am mindful that the principle of stare decisis dictates that a court is normally bound to...In this case, for example, it might have prevented the Board from inquiring ...
- Cour Fédérale
- Fernandez v. Canada (Attorney General), 2011 FC 275 (2011)
..., I am mindful that the principle of stare decisis dictates that a court is normally bound to...In this case, for example, it might have prevented the Board from inquiring ...
- Federal Court