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SSRN Electronic Journal
Article
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SSRN Electronic Journal
Article . 2006 . Peer-reviewed
Data sources: Crossref
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The End of Umpire? Federalism and Judicial Restraint

Authors: Bruce Ryder;

The End of Umpire? Federalism and Judicial Restraint

Abstract

The author argues that, since the early 1980s, the Supreme Court of Canada has followed the path of judicial restraint when adjudicating federalism disputes to a degree that is unprecedented in the Court''s history. The Court has almost entirely abandoned, for more than two decades, the use of declarations of invalidity to police the federal division of legislative powers. Over the same period, however, the Court has demonstrated an increased willingness to invoke the interjurisdictional immunity doctrine and the paramountcy doctrine to limit the application and operation of provincial statutes. The combined effect of these trends has been to increase the legal potential for federal dominance and provincial subordination. The jurisprudence makes the exercise of provincial legislative autonomy increasingly conditional upon securing federal consent or forbearance. So long as the provincial pursuit of distinct policies in the growing areas of shared jurisdiction is conditional upon a permissive federal posture, the provinces cannot be confident that their autonomy will be safeguarded in the future.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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