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Disallowance is the decision by a representative of the Crown to veto an act of the Parliament of Canada, or a provincial legislature, and the act ceases to operate as law. [9] The authority to disallow an act of the federal Parliament was set out in section 56 of the Constitution Act, 1867 , and was held by the Crown in council .
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
Quebec Veto Reference (officially, Reference: Objection by Quebec to a Resolution to amend the Constitution) [1982] 2 S.C.R. 793 is a Supreme Court of Canada opinion on whether there is a constitutional convention giving the province of Quebec a veto over amendments to the Constitution of Canada.
Canada's constitution has roots going back to the thirteenth century, including England's Magna Carta and the first English Parliament of 1275. [19] Canada's constitution is composed of several individual statutes. There are three general methods by which a statute becomes entrenched in the Constitution:
The United States Constitution gives no such powers to the states (see: nullification), but Article III, sect. 2 does authorize the Congress to remove jurisdiction from the federal courts. Not since World War II has Congress mustered the requisite majority. [13] However, the concept of the notwithstanding clause was not created with the Charter.
As the government of Canada notes, this shows the Charter does not disturb the balance of the distribution of legislative powers under the Constitution Act, 1867. [1] Constitutional scholar Peter Hogg has called section 31 a "cautionary provision." He specifically notes that section 31 denies the federal Parliament of Canada any
Canadian constitutional law (French: droit constitutionnel du Canada) 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.
The Supreme Court of Canada's opinion stated that the right of a people to self-determination was expected to be exercised within the framework of existing states, by negotiation, for example. Such a right could only be exercised unilaterally under certain circumstances, under current international law.