TRN305Y1 Lecture Notes - Lecture 3: Public Law, Individual And Group Rights, Pass Laws
Document Summary
Introduction to the canadian constitution & the role of the judiciary. Governs relationships btw diff institutions w/in state, btw diff branches of gov"t & relations btw persons that are of direct concern to society. An open ended set of rules, principles, and practices that represent efforts to identify, define, and reconcile competing rights, responsibilities, and functions of gov"ts, communities, and individuals . Heart of constitutional law the constitution. Allowed to amend constitution on its own w/out england. Courts cannot enforce rely on good faith/good will. Tendency to be comfortable w/ principles when they work in our favour have to consider what if it is working for the other side. Constitutional texts generally written in vague ways gaps, questions remain unanswered, uncertainty. Courts constantly called upon to interpret constitution. 3rd pillar of constitutional law case law/jurisprudence. What provisions mean, how conventions have been used/guides provisions. Also statues passed that gain some sort of constitutional status inform constitution, etc.
