DCC 2117 Study Guide - Final Guide: Canada Evidence Act, Textualism, State Immunity

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Document Summary

Incidental affect: legislation can be primarily characterized under one head of power but can still have effects under another head of power. Double aspect: some areas of law can fall under more than one category/legislation. Colourability: the idea of disguising legislation under a different head of power, again we look at the real purpose of the law. Paramouncy: if provincial legislation (which is valid) conflicts with federal legislation (which is also valid), the federal legislation prevails to the extent of the conflict, operational conflict, frustration of federal purpose. Two general: law is just the rules that the court of justice administer, law is legally binding norms. Legislation: regulations, written law enacted by a decision maker authorized by a statute, disclosures, by-laws, written law enacted by a city, empowered by statutes, statutes, written law enacted by a legislative body, very formal, acts of parliament. Caselaw: aka juris prudence (court decisions, *precedent, higher courts decisions.