LWSO 203 Lecture Notes - Parliamentary Sovereignty, Pith, Fundamental Justice
Document Summary
Constitutional act 1982 including the canadian charter of rights and. Freedoms: constitution act 1982 3 key functions, s. 52: constitution is the supreme law of canada. Double aspect, sometimes both levels of government can legislate on the same activity. They determine this based on your pith and substance of your legislation. This is the true nature of legislation and if they see your true nature is intravirece (inside jurisdiction), if it doesn"t then your ultravirese (outside jurisdiction). Paramouncy, is when the legislation do conflict, in this case it usually goes to the federal government. House of commons set up and why. Re patriation the constitution and bring it to canada in canada"s control in 1982: 3 reasons for push. The brits want to give up control and cost. International and domestic push for human rights after second world war. Bill of rights in 1960 in canada, (statement of principles/ ideas)