POL214Y1 Lecture 8: Federalism PT. 3
28 Jan 2019
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Document Summary
Judicial review before and since ca 1982: pre-1982, exhaustion theory, 1982, crf sections 52 and 74. Crf challenges and accommodates parliamentary supremacy: sections 52 and 54, section 1, oakes test, 1986, section 33, notwithstanding clause. Imperialism: colonial laws validity act, 1865 to 1931, federalism, ca 1867, full constitutionalism, ca 1982. The charter"s impact on canadian constitutional order: centralizing, legalizing, americanizing. The crf and distribution of power: power transferred from legislatures to individuals and groups downward, some authority transferred and governments to courts, across, change in public"s political consciousness, more conscientiously drafted legislation.
