Doctrine of Parens Patriae

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..... J. in Thomasset v. Thomasset P.W. Yong, C Croft and ML Smit, On Equity. pointed out that in the exercise of the Parens Patriae jurisdiction, "the rights of fathers and legal guardians were always respected, but controlled to an extent unknown at common law by considering the real welfare." The duty of the King in feudal times to act as Parens Patriae has been taken over in modern times b .....

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..... rent power and authority of a legislature to provide protection to the person and property of persons non sui juris, such as minor, insane, and incompetent persons, but the words parens patriae meaning thereby 'the father of the country', were applied originally to the King and are used to designate the State referring to its sovereign power of guardianship over persons under disability. P .....

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..... t and secure their rights, the State must come into picture and protect and fight for the rights of the citizens. ... The Supreme Court of Canada in E. (Mrs.) v. Eve [1986] 2 SCR 388 observed thus with regard to the doctrine of Parens Patriae: The Parens Patriae jurisdiction for the care of the mentally incompetent is vested in the provincial superior courts. Its exercise is founded on necessit .....

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