Sentences with phrase «constraint judicial restraint»

Tagged with: Charter of Rights and Freedoms constitutional law constitutional supremacy constraint judicial restraint legal philosophy original intent original meaning rule of law section 7

Not exact matches

Since the vast majority of controversial section 7 cases before the Supreme Court deal with the expansion of that section, judicial restraint and constitutional constraints tend to overlap and can easily be confused or conflated.

Constitutional constraints and judicial restraint often overlap, but they may also diverge, such as where Parliament has passed a law outside its legislative jurisdiction.

The approach to constitutional interpretation that I advocate is not necessarily one of restraint (though some measure of judicial restraint is almost always in order); but rather one of constraints.