POLS 3135 Lecture Notes - Lecture 4: Interjurisdictional Immunity, Ultra Vires, Pith
11 Jun 2017
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Pith + substance : piece of legislation, please reform, rethink, etc, someone will take the federal government to court (provinces, or private entity) Appeal to courts to begin with: characterization of law supreme court has to make decisions based on legality (what is the law"s intention, purpose, etc. ?) Who"s entitled to create legislation under power. Issue of matter (what is the matter of the law?) A: singling out (what persons or subjects does this law point to & apply to?, double aspect (whether or not there is concurrency in jurisdiction. Lecture 4 two governments arguing legitimacy of power, they have a sound understanding of constitution, problem here is ambiguity (not exactly clear whether this particular law follows under the hens of power: matter. No logical answer, when it comes to the matter of things we can"t assume that there is priority one way. Government has to answer these are the rules of taxation (example) and these apply to you equally.
