Law 2101 Lecture Notes - Lecture 8: Patriation, Supremacy Clause, Nickelback
Document Summary
F r e e d o m s: quick review, rule of law & constitutionalism, section 52 supremacy of constitution. Anything that isn"t in line with the constitution cannot be properly enforced: 1982 patriation and the charter of rights and freedoms. What does the charter protect: interpretation of rights, how does a charter case happen, protection of individual rights and freedoms, charter case must be government s. 32, can arise in ordinary law enforcement. Argument that law being enforced in unconstitutional. How law is being enforced is unconstitutional: can challenge a law that has been enacted (even if it"s not being enforced, example: State enacts law banning listening to nickelback in all public places. Ordinary law enforcement = challenge charges (listening to. Plaintiff directly affected or has genuine interest in the law. No other means to bring before court: looks like other litigation and same challenges as other litigation, legislation presumed to be constitutional.
