Critics of the Judicial Committee of the Privy Council: The New Orthodoxy and an Alternative Explanation

Abstract

AbstractBy way of a critical assessment of the leading authorities on the critics of the Judicial Committee, this article argues that the proper appreciation of what the law lords did to the terms of the BNA Act can be found in an understanding of their perception of their unique function. Supporters of the Judicial Committee's decentralization of the terms of the British North America Act have tended to rely on either G. P. Browne's book on the subject or Alan Cairns's article in this Journal (4 [1971], 301–45). The purpose of this article is to challenge those authorities and offer an alternative explanation.