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:
“What makes revolutionists is either self-pity, or indignation for the sake of others, or a sympathetic perception of the dominant undercurrent of progress in things. The nature before us is revolutionist from the direct sense of personal worth,... that pride of life, which to the Greek was a heavenly grace.”
—Walter Pater (1839–1894)
“When delicate and feeling souls are separated, there is not a feature in the sky, not a movement of the elements, not an aspiration of the breeze, but hints some cause for a lover’s apprehension.”
—Richard Brinsley Sheridan (1751–1816)