ECON 367 Lecture Notes - Lecture 14: Ultra Vires, Responsible Government, Parliamentary Sovereignty
Document Summary
Econ 367: economic analysis of law (lecture 14) We adopted the character of our uk parents upon achieving independence. Canada imported 4 things specifically (elaborated on p. 2): Rule of law (law applies the same for everyone, presidents and peasants alike) when they should only be interpreting it) Judicial independence (a hot topic right now since judges (cid:498)make the law(cid:499) Jurisdictions: if it(cid:495)s not in s. 92, the feds get it; in serious cases, feds can override provincial anyways. Bna gives a lot of power to the feds, different from the us. The reason for this is that canada had a large land mass but low population, and they were worried about an attack from the us (if provinces autonomous, easier to fall than one large entity) One can argue that a law is unconstitutional if it falls under the wrong jurisdiction.
