PAP 3365 Lecture Notes - Lecture 1: Parliamentary Sovereignty, Natural Justice, Constitutionalism

• School: University of Ottawa
• Department: Public Administration
• Course: PAP 3365
• Professor: Roger Rickwood

Document Summary

Canadian legal studies series (elliot) chapters 2 and 3. Constitution act 1867 and of 1982: limited parliamentary sovereignty. Subject to the constitution, statutes enacted by canadian legislatures are legally supreme. General principle of democracy : rule of law. Requires administration action to comply with constitutional, legislative, and common law. Special application of the rule of law requiring that administrative action complies with the constitution. The formal constitution of canada prevails over all other forms of law: statutory authorization. When democracy, limited parliamentary sovereignty, and the rule of law are together, virtually coercive administrative action should be authorized or under a specific statute. Permits courts to apply presumptions of common law judicial control when the statutory meaning is unclear or silent. One of the best known pre-charter cases in canadian law. Roncarelli owned restaurant in montreal in the 1940s. Quebec"s jw distributed pamphlets attacking roman catholic church, they were arrested.