POLS 303 Lecture Notes - Enumerated Powers, Lords Of Appeal In Ordinary
Document Summary
Determining the legacy of jcpc and the canadian constitution. John a. macdonald believed that the act was drafted to ensure that all conflict of jurisdiction had been avoided. Macdonald thus saw little role for the courts of influence (or alter canadian federalism). The courts play a central role in interpreting the act. Established in 1833, the jcpc is one of the highest courts in the uk. It was (and still remains) the highest appeal court for many commonwealth countries. The jcpc"s record in interpreting the constitution act 1867 is controversial: o. The jcpc interprets a centralizing document and allocates greater power to the provinces. Jcpc conceives its role as legal and not political. o. Members of jcpc are from the house of lords and have no vested interest in the disputes. Jcpc"s jurisprudence worked to create clear, bright lines between sections 91 and 92.