LAW 201 Chapter Notes - Chapter Module 3: Ultra Vires, Interjurisdictional Immunity, Double Aspect
Document Summary
Module 3 constitution: 3 branches of government: legislative, executive, judicial, constitution acts of 1876 & 1982, section 52 of constitution act 1992 is another written segment, constitutional law is different and special from other forms of law. It is entrenched, meaning that it can"t easily be changed except for a special amendment process, and it is supreme (s. 52: role of the courts is interpreting and upholding the constitution. Interpreting division of powers (sec 91 and 92: validity analysis, must fall within the jurisdiction of the enacting government in order to be valid, ultra vires doctrine, there can be overlapping, such as with drunk driving (double aspect). Both federal and provincial governments may choose to reprimand this in various ways: federal paramountcy is used to resolve this conflict, it suspends the operation of the provincial law temporarily to solve a conflict. For certain subject matter jurisdictions, the doctrine of interjurisdictional immunity applies.
