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- Title
THE LEGITIMACY OF THE CONSTITUTIONAL ARBITRATION PROCESS IN A MULTINATIONAL FEDERATIVE REGIME: THE CASE OF THE SUPREME COURT OF CANADA.
- Authors
Brouillet, Eugénie; Tanguay, Yves
- Abstract
The article deals with the issue of less attention given to the federative dimension of legitimacy than its democratic dimension. It highlights that federative legitimacy of constitutional courts are based on three ideas which includes institutional or organic legitimacy, functional legitimacy, and social legitimacy. It also analyzing the federative legitimacy of the Supreme Court of Canada on the basis of those ideas.
- Subjects
CANADA. Supreme Court; LEGITIMACY of governments; CONSTITUTIONAL courts; FEDERAL government; SOCIAL legislation; DEMOCRACY
- Publication
University of British Columbia Law Review, 2012, Vol 45, Issue 1, p47
- ISSN
0068-1849
- Publication type
Article