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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Publisher - Forgotten Books
Language - English
Author(s) - Joseph Doutre
Published Date - August 27 2019
ISBN - 9780265529485
Dimesions - 22.9 x 15.2 x 2.5 cm
Page Count - 405
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