POLS 3130 Lecture 1: Law Politics and the Judicial Process Lecture Notes- Ajay Sharma Whole Semester
12 Dec 2017
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Constitutional law- federalism and the division of powers. Federal powers (examples) (section 91 of the canada act, 1867, formerly bna. Provincial powers (examples) (section 92 of the canada act, 1867, formerly bna. Act, 1867: in 1867, education/health care were dumped onto the provinces because they were seen as constitutional throwaways b/c not deemed as important. Other: education (mostly provincial as outlined in section 93, agriculture and immigration (concurrent jurisdiction) Constitutional law- the charter of rights and freedoms. Added in 1982- federal government and provinces must abide by rights guaranteed in the charter. Prior to 1982, governments could do anything, they were the highest law in the land. Had no rights that were protected against such things. Under 1982, the charter was introduced and created an individualized charter. Courts are one particular method of resolving disputes (quite coercive: courts adjudicate disputes by applying the law to the facts of the dispute, ultimate method, decision no matter what.
