POL316Y1 Lecture Notes - Patriation, Patriation Reference, Precedent
Document Summary
Incomplete: later historical trends and issues in the judicial review of federalism: the. Supreme court of canada (jcc) as the final court of appeal in distribution of power cases, 1949 to the present. 1949-1969 was 54. 7%, it was slightly better halted pro- provincialist judgments: supreme court broadened federal government provisions in the. Pogg clause: 1970 uncanny balance (russell, 1985) Sometimes the supreme court favored the federal government and sometimes it favored the provinces. Patrick monahan argued that in all but two federal statutes were upheld during this period. 1970-1983: victory ration went down to 53. 9: unconscious desire to even things up, and one can detect this in the most important cases involving the pogg clause and the trade and commerce clause. The balancing role of the supreme court qualitatively: the anti-inflation case, 1975. Challenged by provinces for acting beyond its controls. Objectives for wage and price control was to curb inflation.
