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:
“Spirit of place! It is for this we travel, to surprise its subtlety; and where it is a strong and dominant angel, that place, seen once, abides entire in the memory with all its own accidents, its habits, its breath, its name.”
—Alice Meynell (1847–1922)
“Columbus stood in his age as the pioneer of progress and enlightenment. The system of universal education is in our age the most prominent and salutary feature of the spirit of enlightenment, and it is peculiarly appropriate that the schools be made by the people the center of the day’s demonstration. Let the national flag float over every schoolhouse in the country and the exercises be such as shall impress upon our youth the patriotic duties of American citizenship.”
—Benjamin Harrison (1833–1901)