The article was first published in the Oxford University Commonwealth Law Journal.

This paper is a translation of the first part of an article published in Cahiers de propriété intellectuelle
(2003).

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Four questions dominate normative contemporary constitutional theroy: What is the purpose of a constitution? What makes a constitution legitimate? What kinds of arguments are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in…

The exclusionary rule which prohibits references to parliamentary materials as an aid to statutory interpretation has been applied for decades in most common law jurisdictions. The House of Lords handed down its fundamental decision in Pepper v. Hart which allowed…

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The word ‘sovereignty’ provides a forceful example of the social power of language as an
organic instrument playing a leading role in the continuous and continuing process of creating
and transforming human reality. The paper examines a pivotal episode in…

Since the advent of the Canadian Charter of Rights and Freedoms in 1982, Canadians courts have become bolder in the law-making entreprise, and have recently resorted to unwritten constitutional principles in an unprecedented fashion. In 1997, in Reference re Remuneration…