JUST*2020 Lecture Notes - Lecture 8: Pith, Legal Positivism, Vic Toews
Document Summary
Introduction: the living tree will wither if planted in sterilized soil (oxford companion to law, 1980, pp. 664), also cited by the supreme court of canada in the case regina v big m drug. We will focus on the role that courts have interpreting canada"s constitution (hence the living tree analogy), and how that is a very important role as the third branch in a parliamentary democracy. The courts often decide who has constitutional responsibility over a given area: prior to the supreme court (scc) becoming the highest court in canada, the. Judicial committee of the privy council (jcpc) in great britain was the highest court and often sided with the provinces. Lecture notes: ensure that the government, courts have constitutional responsibility of who does what, have a lot of power to decide. Johannesson v. west st. paul: johannesson v. rural municipality west st. paul 1 s. c. r.
