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Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy () establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under Section 94A of the Constitution Act, 1867, section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice John C. Major, Major explained in ''Rothmans'': Claims in paramountcy may arise from two di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Constitutional Law
Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect. In '' Reference re Secession of Quebec'', the Supreme Court characterized four fundamental and organizing principles of the Constitution (though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and protection of minorities. Reviewable matters and legal standing Under the authority of section 52(1) of the ''Constitution Act, 1982'', courts may review all matters of law. Accordingly, the courts have a broad scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any constitutional issues as long as there is a sufficient legal comp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Osgoode Hall Law School
Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. It is home to the Law Commission of Ontario, the ''Journal of Law and Social Policy'', and the ''Osgoode Hall Law Journal''. A variety of Juris Doctor, J.D. Master of Laws, LL.M. and Ph.D. degrees in law are available. The law school's alumni include three Prime Minister of Canada, Canadian prime ministers, four Attorney General of Canada, Attorneys General, eight Premier of Ontario, premiers of Ontario, four List of mayors of Toronto, Mayors of Toronto, eleven Justices of the Supreme Court of Canada, four of whom were Chief Justice of Canada, Chief Justices, and one Academy Award nominee. The current dean of the law school is Trevor C.W. Farrow. History Osgoode Hall was named for William Osgoode, an Oxford University graduate and barrister of Lincoln's Inn. He was the first person to serve as the chief justice of Upper Canada. The law school traces its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill Law School
The Faculty of Law is one of the professional graduate schools of McGill University in Montreal, Quebec, Canada. It is the oldest law school in Canada. 180 candidates are admitted for any given academic year. For the year 2021 class, the acceptance rate was 10%. Notable alumni include Prime Ministers John Abbott and Sir Wilfrid Laurier, thirteen Justices of the Supreme Court (Including the most recent appointments, Mahmud Jamal and Nicholas Kasirer), as well as Members of Parliament. Marc Miller, a member of the current Cabinet of Canada, is a graduate from the Faculty. Academics Bachelor of Civil Law and Juris Doctor program The McGill Faculty of Law offers a unique combined Bachelor of Civil Law (BCL) and Juris Doctor (JD) program. The BCL/JD program emphasizes a transsystemic and polyjural approach that integrates common law and civil law, sometimes within a single class. More recently, the Faculty has incorporated Indigenous law into its curriculum in response t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill Law Journal
The ''McGill Law Journal'' is a student-run legal publication at McGill University Faculty of Law in Montreal. It is a not-for-profit corporation independent of the Faculty and it is managed exclusively by students. The ''Journal'' also publishes the '' Canadian Guide to Uniform Legal Citation'' and a series of podcasts since 2012. A 2022 study assessing the most cited Law Review articles in the history of the Supreme Court of Canada found that the McGill Law Journal was one of a select few elite law journals in Canada and the McGill Law Journal was the most cited by the Supreme Court of Canada with 150 citations, with the second and third place consisting of 100 and 86 citations, respectively. Overview Following the faculty's policy of bilingualism, the ''McGill Law Journal'' is published in both French and English. The editorial team is therefore composed of both French- and English-speaking students who select and edit articles written in both languages. The ''Journal'' publis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Alberta
The University of Alberta (also known as U of A or UAlberta, ) is a public research university located in Edmonton, Alberta, Canada. It was founded in 1908 by Alexander Cameron Rutherford, the first premier of Alberta, and Henry Marshall Tory, the university's first president. It was enabled through the ''Post-secondary Learning Act.'' The university is considered a "comprehensive academic and research university" (CARU), which means that it offers a range of academic and professional programs that generally lead to undergraduate and graduate level credentials. The university comprises four campuses in Edmonton, an Augustana Campus in Camrose, Alberta, Camrose, and a staff centre in downtown Calgary. The original north campus consists of 150 buildings covering 50 city blocks on the south rim of the North Saskatchewan River valley parks system, North Saskatchewan River valley, across and west from downtown Edmonton. About 37,000 students from Canada and 150 other countries partici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interjurisdictional Immunity
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled '' intra vires'', as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and be ruled inapplicable. The paramountcy doctrine proves that if a valid federal law and a valid provincial law conflict, the federal legislation is paramount, prevails and renders the provincial legislation ''inoperative'' to the extent of the conflict. The principal test for determining whether there is a conflict between the two laws is whether the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Aspect
The Double aspect doctrine in Canadian constitutional law is one that allows for laws to be created by both provincial and federal governments in relation to the same subject matter. Typically, the federalist system assigns subject matters of legislation to a single head of power. However, certain matters have several dimensions to them, such that for one purpose the matter will fall to one head of power, while for another purpose, it will fall to the other. For example, highway traffic laws fall into the property and civil rights power of the province, but equally, can be a criminal offence which is in the criminal law power of the federal government. The origin of the doctrine comes from the 1883 Privy Council decision of '' Hodge v. The Queen'', where it was stated that "subjects which in one aspect and for one purpose fall within s. 92, may in another aspect and for another purpose fall within s. 91". Matters of the double aspect doctrine The Courts have established severa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pith And Substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. The ''Constitution Act, 1867'', which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon it was found that the topics enumerated in the two sections overlapped, and the Privy Council repeatedly had to rule on the constitutionality of laws made by the federal and provincial legislatures. It was in this situation that the Privy Council evolved the doctrine that, for deciding whether an impugned legislation was ''intra vires' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Preemption
In United States law, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government (more often than not a municipality or other part of the state government that only exercises power within a certain geographical area such as a county) usually by the state legislature. Preemption is often used when there is a political disagreement between the state legislature and municipal governments. The largest division between the legislature and the local governments is typically partisan; most state legislatures have been, since 2010, dominated by Republicans, while city governments are typically dominated by Democrats. Types of preemption State preemption comes in many forms. A state that enacts a requirement but allows municipalities to pass more stringent laws is engaging in preemption; however, most controversial forms of state preemption are the opposite. Some preemption laws contain punishments for enforcing preempted laws; ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 109 Of The Constitution Of Australia
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between Australian law, federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the Paramountcy (Canada), paramountcy doctrine in Canadian federalism, Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others. Text Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the ''Commonwealth of Australia Constitution Act 1900'' (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
