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:
“When every autumn people said it could not last through the winter, and when every spring there was still no end in sight, only the hope that out of it all some good would accrue to mankind kept men and nations fighting. When at last it was over, the war had many diverse results and one dominant one transcending all others: disillusion.”
—Barbara Tuchman (1912–1989)
“With men he can be rational and unaffected, but when he has ladies to please, every feature works.”
—Jane Austen (1775–1817)