LAW 142 Lecture Notes - Lecture 3: Ultra Vires, Pith, Henry Morgentaler
Document Summary
Law 201 introduction to canadian law; sept. 27, Constitutional law: creates our institutions of government, regulates relationships between different government institutions, constrains the way in which government interacts with individuals. Charter of rights and freedoms: additional entrenched statutes, orders in council, etc, unwritten elements. Implied right to political expression (before charter) Regular established practice, recognized by courts, but won"t enforce them. When they tried to patriate the constitution in 1982, they tried to do it without a referendum, but consultation was a convention. Mainly operates in relation to: the legislative branch. Parliament: constrained by the ccoraf now, the executive branch. Federal government has authority over immigration under the. Preserves the independence of courts, tenure for judges. Supreme court was created under section 101 of the constitution. It is now constitutional for there to be 3 judges from quebec. Section 52 of the constitution says that laws that interfere with the constitution are not real. The constitution in action: constitutional principles.
