(DOWNLOAD) "In Search of Prophylactic Rules." by McGill Law Journal * Book PDF Kindle ePub Free

April 15, 2021

eBook details

Title: In Search of Prophylactic Rules.
Author : McGill Law Journal
Release Date : January 01, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 283 KB

Description

Prophylactic mies are laws created by judges to prevent violations of the constitution. Unlike constitutional rules, prophylactic rules have no constitutional status of their own. Legislatures can repeal or alter prophylactic rules, provided they devise alternative strategies for meeting the requirements of the constitution. While the United States Supreme Court has recognized prophylactic rules, the Supreme Court of Canada has yet to do so. Nevertheless, the Supreme Court has created unacknowledged prophylactic rules. Examples include the Court's requirement for a search warrant regime in Hunter v. Southam Inc. and its demand for independent provincial judicial salary commissions in R. v. Campbell. In both of these cases, the Court appears to have conflated prophylactic mies with constitutional requirements.