POLC68H3 Lecture Notes - Lecture 4: Canada Act 1982, War Measures Act, Arbitrary Arrest And Detention
30 Jan 2017
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Document Summary
Review: judicial doctrines - p. a. d. f. i: pith and substance: what is the dominant characteristic of the law (what is the about?) section 91 and. 92: ancillary powers: even though in p and s outside of jurisdictional powers, does the law further or complement (is adequately integrated) into a present regulatory scheme that is within its jurisdictional powers. Federal law will stand: interjurisdictional immunity: provincial govt passes law it is entitled to pass, but infringes upon a. Federal undertaking" (business or entity within fed jurisdiction). That undertaking will be exempt from the law. Written constitutions passed as law through legitimate law-making processes ppl sit down and deliberately think with particular intent what they want to write into the constitution best exemplar of written constitution us constitution. Reliance upon long-established conventions or fundamental principles. No single written document of political ground-rules. Wheare thinks we should not view constitutions as types written, unwritten, hybrid.
