Is the common law common law methodology still relevant in constitutional litigation?
British Columbia, Canada
The following excerpt is from The Canadian Bar Association v. HMTQ et al, 2006 BCSC 1342 (CanLII):
Sopinka J. observed in Danson v. Ontario (Attorney General) 1990 CanLII 93 (SCC), [1990] 2 S.C.R. 1086 at 1101, that “the process of constitutional litigation remains firmly grounded in the discipline of the common law methodology”.
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