Constitutional Law Principles

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  1. Rule of Law
    Imp Tobac SCC 2005:

    • No one is above the law
    • Laws created for normative order (need for legislation)
    • Relationship between individual and state is regulated by law
    • Court left open possibility for more RoL characteristics
  2. Pith and Substance Analysis
    Morgentaler SCC 1993

    • Purpose of Act (intent- leg debates)
    • Legal and Practical effects (what it's making those subject to the law do)
    • Ct ruled can look at broader policy rationale and legislative debates to determine legislative intent
  3. Ancillary Doctrine
    • GM, Lacombe
    • 1) Is act valid?
    • 2) How much does uv provision/section intrude into the other power?
    • 3) Is the uv provision rationally and functionally connected? (ok for low intrusion)
    • 3b) Is the uv provision truly necessary for act to function (ok for heavy intrusion)
Card Set:
Constitutional Law Principles
2016-12-12 00:18:16
con law prinicples
Constitutional Law
Conlaw Principles
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