LAW 201 Lecture Notes - Lecture 3: Double Aspect, Ultra Vires, Interjurisdictional Immunity
1 Feb 2017
School
Department
Course
Professor
Document Summary
Regulates relationships between branches of government and the courts. Constrains the ways in which government interacts with individuals eg. protections of rights. Some written: constitution act 1867, constitution act 1982. Provisions that outline important elements of constitution. Attached are other elements such as entrenched statutes, orders in council, etc. Unwritten elements: important to understanding how the constitution works. Constitutional principles: identified by supreme court of canada not in the text itself eg. judicial independence, federalism, democracy, constitutional anr rule of law, protection of minorities. Architectural elements: those implied by written elements eg. implied right to. Constitutional convention: regular practice around the constitution eg. by convention the power of governor general to stop a bill is never used. Courts identify these but cannot enforce them through judicial orders. It is entrenched cannot easily be changed except according to special process in the constitution in itself. Intended to be a permanent feature attempts to amend since 1982 have failed.
