由此
- 18 -
A
B
C
D
E
1870 (which required legislation to be in French and English) and as a
result, all laws, passed after 1890, were invalid.
54.
The Supreme Court of Canada, however, held that in order to
avoid a legal vacuum and ensuring the continuity of the rule of law,
“… the invalid current Acts of the Legislature will be deemed
temporarily valid for the minimum period of time necessary for
their translation, re-enactment, printing and publication.”
F
G
B
C
D
E
F
G
55.
The Supreme Court of Canada felt able to do so because:
H
“… In the present case, declaring the Acts of the Legislature of
Manitoba invalid and of no force or effect would, without more,
undermine the principle of the rule of law …
I
H
I
……
J
Second, the rule of law requires the creation and maintenance of
an actual order of positive laws which preserves and embodies
the more general principle of normative order. Law and order
are indispensable elements of civilized life.” At page 22.
K
L
J
K
L
56.
M
A
It also held that the constitutional status of the rule of law is
beyond question and that:
“The rule of law has always been understood as the very basis of
the English Constitution characterising the political institutions
of England from the time of the Norman Conquest (A.V. Dicey,
The Law of the Constitution (10th ed. 1959), at p. 183). It
becomes a postulate of our own constitutional order by way of
the preamble to the Constitution Act, 1982, and its implicit
inclusion in the preamble to the Constitution Act, 1867 by virtue
of the words ‘with a Constitution similar in principle to that of
the United Kingdom’.
N
O
P
Q
Additional to the inclusion of the rule of law in the preambles of
the Constitution Acts of 1867 and 1982, the principle is clearly
implicit in the very nature of a Constitution.” Page 23-24.
R
S
M
N
O
P
Q
R
S
57.
The rule of law also lies at the foundation of Hong Kong.
T
T
U
U
V
V