A crucial missing piece in the contemporary picture of section 92's make up, specifically between legislative purpose and practical effect in the identification of protectionist discrimination is ...highlighted. An emphasis on improper purpose represents a good alignment with section 92's history and rationale and responds credibly to standard concerns regarding the Court's capacity to administer the norm effectively.
A crucial missing piece in the contemporary picture of section 92's make up, specifically between legislative purpose and practical effect in the identification of protectionist discrimination is ...highlighted. An emphasis on improper purpose represents a good alignment with section 92's history and rationale and responds credibly to standard concerns regarding the Court's capacity to administer the norm effectively.
Taking Stock Palmer, Colin A
Cheddi Jagan and the Politics of Power,
11/2010
Book Chapter
This chapter discusses the Constitutional Commission. It consisted of three persons: its chairman, Sir James Robertson, an Englishman and former governor general of Nigeria; George Woodcock, ...assistant secretary of the British Trades Union Congress; and Sir Donald Jackson, the Guianese chief justice of the Windward and Leeward Islands and judge of the West Indian Court of Appeal. The choice of a Guianese to sit on the commission was greeted positively in the colony, but reservations were voiced about the other two men. With both Robertson and Woodcock virtually unknown to the Guianese people, there was some apprehension about the roles they were likely to play on the commission. The organ of the conservative elite, the Daily Argosy, was harshly critical of the appointees. “Frankly,” its editorial of December 6, 1953, complained, “We do not think that the Commission as now constituted carries sufficient weight to command the requisite respect on all sides, or to capture the imagination of those who are now predisposed against the recommendations such a Commission might make.”
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