LAWS 2502 Lecture Notes - Lecture 2: Primary And Secondary Legislation, Parole Board Of Canada, Legal Positivism
Document Summary
There are different ways to pass a legislation but there are at least 2 kinds. Enacted by sovereign federal or provincial legislatures. Includes constitution act 1867 and constitution act 1982, and simple statutes which are dealing with national security etc. These acts are passed by the parliament in order to change or create the constitution. Executive branch pursuant (in accordance) to statutory authority passes subordinate legislation which include regulations, municipal by-laws etc. Subordinate legislations usually have sections which gives lt governor (if provincial) and governor general (if federal) the power to enact regulation. That means, cabinet can fill in the details of the law. For instance, if there are definitions or other matters of legislations which are referred to as may be dealt by regulation - that are unclear, the. Cabinet may then pass specific rules which defines the law more in-depth.