Underlying Constitutional Principles: The Legacy of Justice Rand (Canada) - University of New Brunswick Law Journal

Underlying Constitutional Principles: The Legacy of Justice Rand (Canada)

By University of New Brunswick Law Journal

  • Release Date - Published: 2010-12-01
  • Book Genre: Law
  • Author: University of New Brunswick Law Journal
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Underlying Constitutional Principles: The Legacy of Justice Rand (Canada) University of New Brunswick Law Journal read online review & book description:

So is it with freedom of speech. The Confederation Act recites the desire of the three provinces to be federally united into one Dominion "with a constitution similar in principle to that of the United Kingdom." Under that constitution, government is by parliamentary institutions, including popular assemblies elected by the people at large in both provinces and Dominion; government resting ultimately on public opinion reached by discussion and the interplay of ideas. If that discussion is placed under license, its basic condition is destroyed; the government, as licensor, becomes disjoined from the citizenry. The only security is steadily advancing enlightenment, for which the widest range of controversy is the sine qua non. Justice Rand in Saumur v. City of Quebec. (1)

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