POLSCI 3NN6 Chapter Notes - Chapter 5-3: Quebec Act, Main Contention, Good Governance
12 Nov 2013
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Before 1949 the highest tribunal was the judicial committee of the privy council, based in london, england. Three challenges; of the british north american act 1867 (1) necessary to determine how to characterize the legislation being challenged on constitutional grounds. Main aspect or any aspect of a challenged constitution? (2) necessary to decide on a consistent approach to interpreting ss. How should it be resolved? (3) finding an underlying theme to make sense of the division of powers and providing rational basis for the answers to questions above. Catches all subject matter not in 92. Catches all subject matter related to peace, order and good governance regardless of whether it would otherwise fall under s. 92. However, the phrase has a literal meaning broad enough to extent all the heads of power conferred to the provinces in s. 92. If given its literal meaning, canada would be a. If stood alone in the act, would be very broad.
