Hodge V. The Queen
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Hodge V. The Queen
''Hodge v The Queen'' is a Canadian constitutional law decision of the Judicial Committee of the Privy Council in 1883, at that time the highest court of appeal in the British Empire, including Canada. It was decided under the ''British North America Act, 1867'', now known as the ''Constitution Act, 1867'' The case was the first time that the Judicial Committee considered the constitutional status of the provincial legislatures as a general matter of principle, rather than the case-by-case analysis that had been used up to that point. The Judicial Committee held that the provincial legislatures, and the federal Parliament, both had extremely broad powers of legislation within their respective areas, on par with the British Parliament itself. The legislatures and Parliament were not mere delegates of the British Parliament, but plenary legislative bodies, subject only to the limits on their powers set out in the ''British North America Act, 1867''. The case is also significant ...
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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, other than 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 cons ...
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Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Aemilius Irving In 1883
The gens Aemilia, originally written Aimilia, was one of the greatest Patrician (ancient Rome), patrician families at ancient Rome. The gens was of great antiquity, and claimed descent from Numa Pompilius, the second King of Rome. Its members held the highest offices of the state, from the early decades of the Roman Republic, Republic to Roman Empire, imperial times.''Dictionary of Greek and Roman Biography and Mythology'', vol. I, p. 30 ("s:Dictionary of Greek and Roman Biography and Mythology/Aemilia gens, Aemilia Gens"). The Aemilii were almost certainly one of the ''gentes maiores'', the most important of the patrician families. Their name was associated with three major roads (the ''Via Aemilia'', the ''Via Aemilia Scauri'', and the '), an administrative region of Italy, and the Basilica Aemilia at Rome. Origin Several stories were told of the foundation of the Aemilii, of which the most familiar was that their ancestor, Mamercus, was the son of Numa Pompilius. In the l ...
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