Law 2101 Lecture Notes - Protestantism
13 Mar 2014
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Unwritten constitutional principles: created by the supreme court 20 years ago, thought to be the unwritten presumptions that motivated all the written text. Judges can not decide or strike down legislation with these unwritten principles, but they can use them to interpret legislation. ** sections 91 (allocates powers to federal government), 92(powers to provincial government: political and constitutional structure of government, a constitutional/political structure of governance. Large geographic area, differences in views, best way to accommodate is to give regions autonomy over some things. 130 years ago there was a lot more regional differences than today, much stronger identity: ex: quebec is predominantly catholic and french speaking while the minority is. How centralized is canada: section 90 provides disallowance of acts; the federal government is given power to disallow provincial statutes. The governor general can disallow any federal statutes; given because there could be disagreement among governments because the statute may affect other local areas.
