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| | THE COMMON LAW CONSTITUTION IN CANADA: RETURN OF LEX NON SCRIPTA AS FUNDAMENTAL LAW (Site not responding. Last check: 2007-11-04) |
 | | Parliament's origins lay in the feudal curia regis, a customary assembly of freehold tenants in capite whose attendance at the feudal court of their lord, the King, was simply an incident of land tenure. |
 | | In suggesting that Parliament was bound by natural law, perhaps Coke was simply restating accepted doctrine articulated by Fortescue and St. German in the fifteenth and sixteenth centuries statements that, in turn, adopted the orthodox medieval view advanced by Aquinas. |
 | | For Otis, however, Parliament was the foe, and the assertion of lex non scripta as fundamental law was intended not to buttress Parliament's authority but to deny it, at least in relation to the American colonies. |
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