declarations of inconsistency
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Declarations of Unconstitutionality as Judgments In Rem: A Response to Professor Daly
This post is written by Marc-Antoine Gervais, and a larger paper on the subject will appear in the McGill Law Journal (vol. 66). Canada’s model of judicial review of legislation is unusual. On the one hand, it is “diffuse” in that all courts of law (and many administrative tribunals) may decide constitutional questions. On the Continue reading
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Guest Post: Marc-Antoine Gervais
It is my pleasure to announce a guest post today by Marc-Antoine Gervais, on the subject of declarations of invalidity as in rem judgments. The post is a response to Paul Daly’s recent post on declarations of invalidity in the aftermath of the Sullivan decision. Marc-Antoine has a larger paper coming out in the McGill Continue reading
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Reading from a Palimpsest
The Supreme Court of New Zealand holds that declarations of inconsistency are available when Parliament disregards the New Zealand Bill of Rights Act Continue reading
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Dreaming of Dialogue
Can New Zealand courts declare statutes to be inconsistent with the Bill of Rights Act? Does this matter? Continue reading
Double Aspect 