LAWS 1000 Lecture Notes - Lecture 5: Parliamentary Sovereignty, Reference Question, Insite

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10 Aug 2016
Department
Course
Professor
Law
Oct 18
Constitutional foundations
Constitutional law
-law is a set of decisions and a way of understanding the constitution
-lays down the powers that government can and cannot do
-dealing with constitution normal rules don’t apply, the charter is “entrenched”. The constitution is very
difficult to change. Use of the amendment formula.
3 components of Canadian constitutional law
British Foundations
-lays down things on how Canada will be governed legally.
-2 principles: -Parliamentary supremacy: parliament has complete power. Supreme in its power.
Study this**** -rule of law: needs impartial administration of the law. This is accomplished by having a
judiciary that is independent. Judge cannot sit as cabinet minister or senator.
Roncarelli v Duplessis (1959)
-Quebec culture dominated by Catholicism
-Jehovah’s witness were jailed for passing pamphlets because of lack of permit.
-Duplessis then takes away his liquor licence to close his restaurant.
-Roncarelli wins case and gets 35K in compensation but his restaurant closes 6 months later, so
essentially Duplessis completed what he wanted to do.
More recent important events
-legislative: make law
-judicial: Interpret the law
-executive: administer law
-King-Byng affair: Mackenzie King asks Lord Byng to dissolve parliament since he is the GG. Byng declines
however King eventually gets his way
Federalism
-division of power between the states (federal and provincial)
-if provinces act within jurisdiction they can do what they want.
-banking, military, weights and measures, criminal law, penitentiary are all federal powers
-provincial power: health care, education, property, jail.
-family law federal government defines what marriage is, whereas provincial government legitimizes the
marriage
-POGG is what should prompt government into making new laws
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