What are the elements of common law that have never been incorporated into the common law?
British Columbia, Canada
The following excerpt is from Delgamuukw v. British Columbia, 1993 CanLII 4516 (BC CA):
(ii) Those rights which were so entirely repugnant to natural justice, equity, and good conscience that they could not, without modification, ever be a part of the common law would never have been absorbed by the common law or have been recognized and protected by it, at least not until such a modification occurred. (See Mabo v. Queensland at p.44 and Inasa v. Oshodi at p.105.)
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