Constitution of Canada: The British North America Act, 1867; Its Interpretation, Gathered From the Decisions of Courts, the Dicta of Judges, and the Opinions of Statesmen and Others (Classic Reprint)

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Excerpt from Constitution of Canada: The British North America Act, 1867; Its Interpretation, Gathered From the Decisions of Courts, the Dicta of Judges, and the Opinions of Statesmen and Others

Previous to The British North America Act, the Provincial Courts did not consider they possessed the power of enquiring and decid ing whether the laws of their respective Legislatures were constitutional or not. Occasional attempts were made to test the validity of statutes, but they were ineffectual in their results. It has been and is quite different under the Federal Act. The Supreme Court of Canada and the Privy Council in England, have both concurred in recognizing the right, assumed by the Provincial Courts of original and appellate jurisdiction, to pass upon the constitutionality of the laws enacted by the Provincial Legislatures and the Parliament of Canada. This was anticipated by the framers of the Act, as appears by the Debates in the House of Commons.

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Details

Publisher - Forgotten Books

Author(s) - Joseph Doutre

Hardback

Published Date -

ISBN - 9780265529485

Dimensions - 22.9 x 15.2 x 2.5 cm

Page Count - 405

Paperback

Published Date -

ISBN - 9781331296607

Dimensions -

Page Count -

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