POLS 2300 Lecture Notes - Lecture 8: Supreme Court Of Canada, Ultra Vires, Bora Laskin
7 Dec 2016
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Document Summary
Judicial review can define political ideologies and values of a society. This role was limited by the absence of a constitutional charter or bill of rights until 1982. 3 the evolution of canada"s legal traditions. Federal constitution did not explicitly provide for a supreme court. Sharp contrast to the united states of america and other federal jurisdictions. The canadian supreme court was established in 1875. Should not be considered as a court". Prerogative power of the crown to dispense justice. Domestic power ended in the 17th century. Recommendations always incorporated without modification in the crown"s decision. Not bound by the doctrine of stare decisis. Undermined plans for a highly centralized federation. Canadian federalism was defined by individuals that had no practical knowledge of federalism or of. 8 (re)interpretating the division of powers: s. 91 and s. 92. Key avenue for governments to solicit legal opinions on the constitutionality of an actual or hypothetical statute.
