Professeur Han-Ru Zhou
Université de Montréal
Principles cut across modern legal traditions; they are one of the most fundamental notions in law; they base our legal reasoning; they pervade our legal discourse. However, with a few notable exceptions, most dating back several decades, there have been surprisingly few legal studies in English devoted to this notion. Generally, the case reports and the literature contain only scattered passing discussions of principles, often with more or less attention paid to past contributions. Knowing what principles are, what they do and how they do it will provide a deeper understanding of the general workings of our constitutional systems as well as of the practical operation of Constitutions. Of the several uses of constitutional principles, perhaps their most immediate and controversial application is in the exercise of judicial review. This paper seeks to develop a general account of constitutional principles in common law-based systems before offering an explanation of the exercise of judicial review of legislation based on principles.
Cette conférence se déroulera en anglais.