Dominant Feature
The first step in a pith and substance has been described in numerous ways. It determines the substance, essential character, dominant feature, or true meaning of the law. This involves examining both the intended purpose of the law as well as the legal effect of the law on rights and obligation upon the public. The purpose can be found through the wording of the law, the mischief that the law was intending to address as well as the overall social context for the law's introduction. Examination of the actual effect is useful in determining if the law was "colourable," that is, whether the law, in substance, addresses a matter completely different from what the law addresses in form. For example, in R. v. Morgentaler (1993) the province of Nova Scotia passed a law which prohibited certain surgical procedures from being performed outside of hospitals under the guise of health services protection. The Supreme Court of Canada ruled that, in substance, they were attempting to ban abortions.
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Famous quotes containing the words dominant and/or feature:
“In the dominant Western religious system, the love of God is essentially the same as the belief in God, in God’s existence, God’s justice, God’s love. The love of God is essentially a thought experience. In the Eastern religions and in mysticism, the love of God is an intense feeling experience of oneness, inseparably linked with the expression of this love in every act of living.”
—Erich Fromm (1900–1980)
“With men he can be rational and unaffected, but when he has ladies to please, every feature works.”
—Jane Austen (1775–1817)