scholarly journals The Constitution Act, 1982: the Foreseen and Unforeseen

2011 ◽  
Vol 16 (1, 2 & 3) ◽  
pp. 2007 ◽  
Author(s):  
Hon. Barry L. Strayer

I started preparations for my first constitu- tional conference in an office overlooking Was- cana Lake nearly forty-seven years ago. I was a young lawyer in the Department of the Attor- ney General of Saskatchewan. Prime Minister Diefenbaker had announced that there would be a Conference of Attorneys-General in early October 1960, chaired by Justice Minister Ful- ton, to seek agreement on “Repatriation of the Constitution.” As I expressed interest in the conference to the Attorney General, and had recently taught constitutional law for a year at the University of Saskatchewan, I was made the secretary of the Saskatchewan delegation. This involved most of the work of research and writ- ing position papers and speeches. But it also in- volved making hotel and travel reservations for which I claimed no particular skill! Of course, after four such meetings in 1960 and 1961 we reached no agreement on repatriation, but it gave me on the job training in constitutional reform.

1980 ◽  
Vol 11 (1) ◽  
pp. 1-18 ◽  
Author(s):  
R. Plehwe

In Britain the Attorney-General is free from Cabinet control in deciding whether or not to initiate prosecutions or to terminate criminal proceedings. This article discusses the question whether the British rule applies in Australia. It examines the Mercantile Bank case (Victoria, 1893), the termination by federal authorities of the proceedings against John Brown in 1929, and evidence provided by federal Cabinet minutes before 1946. It seems that the British rule was not established in Australia before World War II. If Australian Attorneys-General are now regarded as exercising an independent authority, this is probably a case of importing a British convention after it had evolved in the United Kingdom. When the federal Attorney-General, Mr Ellicott, resigned in 1977, both he and the Prime Minister stated that Cabinet should not interfere with decisions to start or discontinue criminal proceedings. It would, however, be premature to regard this as a firmly established convention and it is clear that there were grave differences between Mr Ellicott and his colleagues as to some practical implications of the rule.


2020 ◽  
Vol 27 (3) ◽  
pp. 5-10
Author(s):  
Yu.P. Adler ◽  

Dr. Edwards Deming, whose 120th birthday falls on October 14, 2020, has made outstanding contributions to management theory and practice, mathematical statistics and many other areas of human endeavor. This work, written for the anniversary of E. Deming, examines the paradoxes arising from his teachings. They relate, inter alia, to competition, motivation and remuneration, the use of sampling methods, on-the-job training, operational definitions and much more. Resolving these paradoxes is the path to a deeper understanding of the modern world and to the improvement of management practice. Already during Deming’s lifetime, numerous attempts were made to revise his teachings, and now there is a desire to abandon the use and development of his heritage. This is alarming and worrying.


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