POLSCI 3NN6 Lecture 6: Constitutional Law
7 Apr 2016
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Scope of judicial federalism the division of powers in sections 91 & 92. Citizen"s insurance v. parsons [1896] ac 588: does the matter fall within section 92? (provincial) Provides the provinces to deal with the matter: does the matter fall within section 91? (federal) Section 91 sub 2: trade and commerce. Federal order will make up the: peace order and good government (section 91) preamble. Decisions how they influence the decisions of the two levels of government. 1984 entirety of constitutional law is based on this topic. Which level of government has the jurisdiction in question: First class citizen"s insurance and parsons. Parson"s hardware store set on fire, insured with citizen"s insurance. Parson"s response: the condition that they were seeking to rely upon did not apply because it did not compile with the fire insurance act: sets out the requirements of what the contract has to include.
