LS101 Lecture Notes - Lecture 15: Responsible Government, Unanimous Consent, Ultra Vires
8 Dec 2016
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Document Summary
Government that is responsible to the people. An executive cabinet that is dependent upon the support of an elected assembly, rather than a monarch. Sets out the branches of government and their powers. Constitutional law is the law prescribing the exercise of power by the organs of a state. Constitutional law also establishes the allocation of power between central and regional authorities. Charter limits what"s the government can do. The living tree doctrine: the constitution should be seen as living tree. Capable of growth and expansion within its natural limits (there needs to be flexibility in the law) Part 1 of the constitution act of 1982 is the ccrf. Laws against the constitution have no affect. Laws against the constitution don"t have affect as the constitution is the supreme law of. Canada and takes precedent over any other case. Division of powers: ss:91 and 92, ca 1867. Enumerated grounds (what is listed in the constitution) exclusive jurisdiction.
