Philosophy 2080 Lecture Notes - Lecture 18: Ultra Vires, Canada Act 1982, Judicial Activism
Document Summary
Constitutional law constitutional law - de nes the limits and the extent of authority, how our legal system is made up. The us has a constitution (the declaration of independence) which was a product of the revolution. We didn"t have a revolution here in canada, but we do have a constitutional document - 1867. The british north america act (bna) - confederation - the constitution act. It sets up the system of governance of canada, but it is a statute of the british parliament. Bna sets out the powers of the legislative bodies, most notably: *difference between the 2 is called the division of powers. Section 91: federal government (criminal law, bankruptcy, working in a bank, trade, commerce, copyright law) Section 92: provincial government (property, civil rights - private/civil law, court law, family law, contract law, residential tendencies law) Courts have been asked to settle the ght in some cases between who"s authority an issue is within.