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Lecture 9

Lecture 9- The Courts and Society.docx

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University of Toronto Scarborough
Political Science
Christopher Cochrane

Canadian Political Science Lecture 9: Federalism, the Courts, and Society Federalism and the Courts • The idea of Canadian confederation was to merge the United States and Britain’s ideologies to create the parliamentary system. There is a problem with this though, since the British parliamentary system says that parliament has eternal power and anything parliament wants, they will get. The American aspect was a federal view, saying the state and national government working together. You cannot have parliamentary supremacy and federalism at the same time since federalism requires constitutional supremacy, unlike Britain’s unconstitutional supremacy. • The constitutional powers went to the Supreme Court, since they were seen as the least dangerous branch of government in power, since they wont be able to alter it unless they need to. This was basically to stop a dictatorship. But who is responsible to make sure the judges don’t change the constitution. • The JCPC (until 1949) was in charge of the Supreme Court, which is in charge of the court of appeal, which is in charge of the superior court, which is in charge of the provincial courts. The Supreme Court is also in charge of the court of appeal, which is in charge of both the federal and tax court. • Important Chart Showing the Hierarchy of the Courts: JCPC – Privy Council (until 1949) Supre
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