Law 2101 Chapter Notes - Chapter B: Henry Morgentaler, Constitution Act, 1982, Constitution Act, 1867
11 Jan 2016
School
Department
Course
Professor
Document Summary
Idea that the powers of government ought to be limited, and limited by law (as opposed to a totalitarian government) The constitution act, 1867 assigns certain matters to the federal government, and other matters to the provincial governments. Any law that infringes the charter of rights and freedoms is invalid. The rule of law and not men - goal is that the discretion of decision makers should be constrained by general laws, set out in advance. Rules must not be free to act arbitrarily or maliciously, and the law must apply to everyone alike. Must actually administer the laws consistently with their tenor. Rule of law was used as a shield to protect a quebec restaurant owner from the. Quebec government"s action in cancelling his liquor license for personal reasons. Supreme court provides its most elaborate meditation to date on the meaning of the rule of law in the canadian constitutional order.
