POLI 221 Lecture Notes - Supremacy Clause, Parliamentary Sovereignty, Veto
4 Jan 2013
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Ordinary statute applying only within areas of federal jurisdiction, but most claimants under the bill of rights did not win their cases between 60-82. Did not have enough support to see queen and have it entrenched. Canada"s judicial system incorporates american and british standards. Pre-amble to bna act: canada should have a constitution similar to the uk. Parliament makes laws that the courts then enforce. To say whether individuals or govt has acted unlawfully. Courts not involved in judicial review or striking down/validating these laws. Parliament (not court) has the last word in that it can rewrite its laws. In terms of civil liberties, courts have a role to play. Parliament has the right to deny or remove these civil rights. Any acts deemed unconstitutional can be invalidated/struck down. Congress has the choice to pass another law, but this legislation can be struck down by the court.
