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eBook details

Title: Reconciling Tort and Administrative Law Concepts of Justice: The Case of Historical Wrongs (Canada)
Author : University of New Brunswick Law Journal
Release Date : January 01, 2007
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 345 KB

Description

The response of the Canadian courts to the action in Mack has been disappointing. ... A fully mature legal system recognizes that the judiciary have a duty alongside the legislature to ensure the proper content of law, and this may in exceptional cases require them to deny the validity of procedurally sound statutes. Of course, should a reasonable statutory scheme of compensation be created, the courts would respect that as replacing the right to restitution for mistake of law. But it would seem that on both accounts the Canadian system has yet to reach full maturity. --Julian Rivers (1)

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