Again, we have
clear legal doctrine that says so.
Not exact matches
However, as with most
legal issues, this is not always
clear cut and courts employ many
legal doctrines when warranted to find that contracts are not enforceable.
And that perhaps is why its
doctrines demand such strict servility to the law; it is in the duty for the strict and correct application of
legal doctrine that the key to judicial accountability lies, as I think the comments earlier this year of Mr. Justice David Stratas made
clear (succinctly described and linked here: https://doubleaspectblog.wordpress.com/2016/01/15/taking-
doctrine-seriously/).
But when one contrasts the Canadian reaction to the explicit insertion of religious views into the Republican Party and the recent book attempting to argue that the US Constitution (notwithstanding the separation
doctrine) is a Christian text because of the beliefs of the Founding Fathers — then it becomes
clear just how different the two
legal cultures are.
When
legal doctrine is lacking, lawyers and judges sometimes look for analogies, trying to find the most analogous transaction for which
clear tax treatment does exist.