LAW 201 Lecture Notes - Lecture 3: Constitution Act, 1982, Canadian Firearms Registry, Ultra Vires

• School: Queen's University
• Department: Law
• Course: LAW 201
• Professor: Kim Richard Nossal

Document Summary

Constitutional law: creates our institutions of government, regulates relationships between the branches of government, and constrains the way in which government interacts with individuals. Co(cid:374)stitutio(cid:374)s of ca(cid:374)ada i(cid:374)(cid:272)lude the : constitution act, 1867, constitution act, 1982. Unwritten elements: constitutional principles (at times can have independent legal force, ex. Judicial independence, federalism, democracy, rule of law, and protection of minorities: architectural elements (implied by written elements with the structure of the constitution, constitutional conventions (ex. Power of the governor general to disapprove a bill it not conventionally done) It is the (cid:862)supre(cid:373)e la(cid:449)(cid:863: striking down prostitution provisions, failed constitutional amendments, federal power to keep gun registry data. The constitution and the courts: role of the courts in interpreting and upholding the constitution, must be done so by the judges of the supreme court of canada. Our system of government: canada"s federal system of government, divided jurisdiction, provincial powers protect regional interests, federal powers serve national interests.