[Download] "Ivan Rand's Ancient Constitutionalism." by University of New Brunswick Law Journal ~ Book PDF Kindle ePub Free
eBook details
- Title: Ivan Rand's Ancient Constitutionalism.
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 310 KB
Description
I. INTRODUCTION Few names loom larger in the history of Canadian law than Ivan Rand. The late Supreme Court of Canada Justice, law dean, lawyer, politician, and Royal Commissioner was, according to E. M. Pollock's 1979 biographical piece, "destined for greatness". (1) Even today, the judicial work of "one of the greatest--if not the greatest--jurists in Canadian history" (2) remains required reading in law schools; and many of his most important decisions retain a central place in the minds of judges and legal commentators. For example, his judgments in the so-called "Implied Bill of Rights" cases were called the Supreme Court of Canada's "most distinguished achievements," (3) "the 'golden' moments of the civil liberties decade" (4) and the theory of implied rights described as "valuable", (5) "one of the most original and provocative contributions ever made to Canadian constitutional law" (6) with Rand's Court "ahead of their time." (7) If anything, Justice Rand has retained his image as a courageous judge with deep "moral convictions", (8) willing to bend the law in creative ways to seek justice and protect the rights of oppressed minorities, like the Jehovah Witnesses under Quebec's nationalist and reactionary regime of Maurice Duplessis. (9)