Une tentative de clarification de la présomption de respect des valeurs de la Charte canadienne des droits et libertés
Year:
2014
Author :
Volume and number:
, 55
Collection:
, 3
Journal:
, Les Cahiers de droit
Pages :
, 775-807
Abstract
The presumption of compliance with Charter values is a statutory interpretation principle that aims at maintaining internal coherence within legal norms. This article attempts to clarify the struggles of the Supreme Court of Canada in elaborating and drawing on this principle. In section one, the authors trace the evolution of the presumption of compliance with Charter values, in order to identify its scope. The section highlights debates about the presumption in Supreme Court jurisprudence and demonstrates that the Court had initially designed a generous role for the principle, but subsequently limited its scope. In section two, the authors identify irregularities in the application of the presumption of compliance with Charter values. They conclude, in section three, by discussing the relevancy of the presumption in light of its inconsistent use.
Theme :
Right
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