National Identity- Culture and Language

Purpose of the national constitution is to preserve culture and language, two core elements of the notion are of identity in said terms, then the well‑being of individuals and communities. We would also point out that, unlike some other rights in the constitution, it recognizes rights that are assessed not only in individual terms but also on a collective level.

Bail, conditions, breach, revocation, means rea and presumption

The general principles for setting bail, which restrain how bail conditions are set. As the default position is bail without conditions, the first issue is whether a need for any condition has been demonstrated. Restraint and the ladder principle require anyone proposing to add bail conditions to consider if any of the risks are at issue.

Exercising hypothecary remedy and prescription

Hypothecary rights are therefore exercised  “directly against the person who has the hypothecated property in his or her hands”. Usually, that person is the original debtor and grantor of the hypothec, who remains the owner of the hypothecated immovable.

Doctrine of unconscionability of arbitration clause

The unconscionability of the arbitration clause can be considered separately from that of the contract as a whole. Respect for arbitration is based on it being a cost-effective and efficient method of resolving disputes. When arbitration is realistically unattainable, it amounts to no dispute resolution mechanism at all. Given the conclusion that the arbitration agreement is invalid because it is unconscionable.

Confidentiality of Cabinet deliberations

Public interest immunity requires a careful balancing between the competing public interests in confidentiality and disclosure. Since there will be a strong public interest in keeping a document concerning Cabinet deliberations confidential, it must be outweighed by a still stronger public interest to warrant the document’s disclosure.

Retroactive Child Support

The purpose and promise of child support are to protect the financial entitlements due to children by their parents. The jurisprudence has not consistently fulfilled that promise when it comes to historical child support, which is the term used to describe when retroactive child support is sought after the child no longer qualifies as a beneficiary under the applicable legislation. 

Parliamentary privilege

The dividing line between privileged and non‑privileged activities of each House is not easy to define. Perhaps the nearest approach to a definition is that the areas in which the courts ought not to intervene extend beyond proceedings in Parliament, but the privileged areas must be so closely and directly connected with proceedings in Parliament that intervention by the courts would be inconsistent with Parliament’s sovereignty as a legislative and deliberative assembly.

Breach of Contract, Restitution, and Corrective Justice

The ordinary form of monetary relief for breach of contract is an award of damages, measured according to the position which the plaintiff would have occupied had the contract been performed. Correspondingly, the orthodox position maintained that disgorgement of the defendant’s profits was not an available remedy for breach of contract.