Law 2101 Lecture Notes - Lecture 4: Tobacco Advertising, Henry Morgentaler, Therapeutic Abortion Committee
14 Oct 2015
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4 sources of constitutional law: written text act of 1867, case law, convention, unwritten constitutional principles, convention controls disallowance power (cid:224) negates it (as though it"s been appealed, operation of the courts, developing rules for doing constitutional review under case law (common law, tests and methodology for when laws are potentially out of the jurisdiction of the government that made it. Techniques of judicial review: pith and substance test, what the law is about, purpose, e. g. , expiry of gift cards, e. g. , aboriginal fishery (cid:224) entitled to fish, where, and how much. Difficulty lies in which matter is the most important: characterizing legislation and asking what it is about, looks at the headings under section 91 of the constitution act of 1867 and section 92, provincial legislation characterize purpose as not taxation, but banking, look at list in section 92 and see if you can slot characterization in to anything on that list.
