POLS 3130 Lecture Notes - Lecture 5: Judiciary Of Australia, Family Law, Unemployment Benefits
14 Nov 2018
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Centered on three pieces of federal legislation: weekly rest in industrial undertakings act, the minimum wages act, limitations of hours of work act. Federal attempt to create a system of unemployment insurance. The jcpc ruled that this legislation dealt with property and civil rights -> provincial jurisdiction. Supreme court can be any of these things. Decisions are binding on all courts in the country: unifying influence on law, nationally unifying force, some critics might argue centralizing influence vis a vis provinces. Since 1974, scc has much more control over what cases it will hear (re)interpretating the division of powers: s. 91 and s. 92. Reference case: key avenue for governments to solicit legal opinions on the constitutionality of an actual or hypothetical statute. American and australian courts refuse to hear these cases. Federal court of canada and federal court of appeal. Federal court (hears trials) and federal court of appeal (hears appeals)
