Concepts
Judicial Review in Canada
Introduction Judicial review is the mechanism by which superior courts supervise the legality and fairness of administrative decision-making. In Canada, judicial review flows from the inherent …
Parliamentary Sovereignty in Canada
Introduction Parliamentary sovereignty — the principle that Parliament is the supreme law-making body — is a foundational concept of the British constitutional tradition inherited by Canada. In its …
Proportionality in Canadian Law
Introduction Proportionality is a foundational principle in Canadian constitutional law, representing the analytical framework through which courts determine whether limitations on rights are …
Remedies in Canadian Law
Introduction Remedies are the means by which courts enforce legal rights and provide relief for legal wrongs. In Canadian law, remedies span a broad spectrum from common law damages and equitable …
Rule of Law in Canada
Introduction The rule of law is a foundational principle of the Canadian constitutional order. While not exhaustively codified in any single constitutional text, it has been recognized by the Supreme …
Separation of Powers in Canada
Introduction The separation of powers is a constitutional principle that distributes state authority among three branches: the legislature (enacts laws), the executive (implements and administers …
Standing in Canadian Law
Introduction Standing (or locus standi) determines whether a litigant is entitled to bring a matter before a court for adjudication. In Canadian law, standing is a gatekeeping mechanism rooted in the …
Stare Decisis and Precedent in Canada
Introduction Stare decisis (to stand by things decided) is the doctrine of precedent that forms a cornerstone of the Canadian common law tradition. The principle requires courts to follow earlier …