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Quasi-constitutionality (Canada)
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute. Primacy clauses in quasi-constitutional statutes The normal practice, under which the more recent statute has the effect of nullifying any contradictory rules laid out in all earlier statutes, is known as "implied repeal." Implied repeal is the traditional way of ensuring that two contradictory laws are never in effect at the same time. The practice of implied repeal also reinforces the concept of parliamentary sovereignty or supremacy---that is, it reinforces the idea that the parliament or legislature cannot be restricted by any external limit, including past actions of the legislature itself. A quasi-constitutional statute uses a "primacy clause" to achieve the apparently contradictory go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Repeal
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable. This doctrine is expressed in the Latin phrase ''leges posteriores priores contrarias abrogant'' or "lex posterior derogat priori". Implied repeal is to be contrasted with the express repeal of legislation by the legislative body. Canada In Canadian law, it is possible for a law to be protected from implied repeal by way of a "primacy clause" which states that the act in question supersedes all other statutes until it is specifically repealed. Acts with such primacy clauses are called quasi-constitutional. United Kingdom In the 2002 English case ''Thoburn v Sunderland City Council'' (the so-called "Metric Martyrs" case), Lord Justice Laws held that some constitutionally significa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roland Ritchie
Roland Almon Ritchie, (June 19, 1910 – June 5, 1988) was a Canadian lawyer and puisne justice of the Supreme Court of Canada. Early life and family Born in Halifax, Nova Scotia, the son of William Bruce Almon Ritchie and Lillian Stewart, Ritchie was a scion of prominent families — the Almons, Ritchies, and Stewarts were all major families in Nova Scotia. Ritchie's great-uncle, Sir William Johnstone Ritchie, had also been on the Supreme Court, serving as a puisne justice and then as the second Chief Justice of Canada. His brother, Charles Ritchie was an important Canadian diplomat and diarist. Education Ritchie received a Bachelor of Arts degree from the University of King's College, Halifax, in 1930. He then received a Rhodes scholarship and read law at Pembroke College, Oxford University, receiving an additional Bachelor of Arts degree, in law, in 1932. Military career Ritchie was called to the Nova Scotia Bar in 1934, but his law practice was interrupted by World W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unconstitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obrogation
In civil law, obrogation (Latin: ''obrogat'' from ''obrogare'') is the modification or repeal of a law in whole or in part by issuing a new law. In canon law, of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law; it may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one. Catholic Church The 1983 Code of Canon Law governs here in canon 53: This canon incorporates Rule 34 in VI of the '' Regulae Iuris'': ''"Generi per speciem derogatur"'' or "The specific derogates from the general."Coriden ''et al.'', ''Commentary'', pg. 54 (commentary on canon 53). See also *Repeal *Conflict of laws *Implied repeal *Naskh (tafsir) ''Naskh'' ( نسخ) is an Arabic word usually translated as " abrogation". In tafsir, or Islamic legal exegesis, ''naskh'' recognizes that one rule might not always be suitable for every situation. In the widely recognized Burton, "Those Are the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Access To Information Act
Access may refer to: Companies and organizations * ACCESS (Australia), an Australian youth network * Access (credit card), a former credit card in the United Kingdom * Access Co., a Japanese software company * Access Healthcare, an Indian BPO services provider * Access International Advisors, a hedge fund * AirCraft Casualty Emotional Support Services * Arab Community Center for Economic and Social Services * Access, the Alphabet division containing Google Fiber * Access, the Southwest Ohio Regional Transit Authority's paratransit service Sailing * Access 2.3, a sailing keelboat * Access 303, a sailing keelboat * Access Liberty, a sailing keelboat Television * ''Access Hollywood'', formerly ''Access'', an American entertainment newsmagazine * ''Access'' (British TV programme), a British entertainment television programme * ''Access'' (Canadian TV series), a Canadian television series (1974–1982) * Access TV, a former Canadian educational television channel (1973–2011) * A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privacy Act (Canada)
The ''Privacy Act'' (french: Loi sur la protection des renseignements personnels) is the federal information-privacy legislation of Canada that came into effect on July 1, 1983. Administered by the Privacy Commissioner of Canada, the Act sets out rules for how institutions of the Government of Canada collect, use, disclose, retain, and dispose of personal information of individuals. The Act does not apply to political parties, political representatives (i.e., members of Parliament and senators), courts, and private sector organizations. All provinces and territories have their own laws governing their public sectors. Overview Some salient provisions of the legislation are as follows: * A government institution may not collect personal information unless it relates directly to an operating program or activity of the institution (section 4). * With some exceptions, when a government institution collects an individual's personal information from the individual, it must inf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sunset Clause
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law. Most laws do not have sunset clauses and therefore remain in force indefinitely, except under systems in which desuetude applies. Origin The roots of sunset provisions are laid in Roman law of the mandate but the first philosophical reference is traced in the laws of Plato. At the time of the Roman Republic, the empowerment of the Roman Senate to collect special taxes and to activate troops was limited in time and extent. Those empowerments ended before the expiration of an electoral office, such as the Proconsul. The rule ''Ad tempus concessa post tempus censetur denegata'' is translated as "what is admitted for a period will be refused after the period". The same rules were applied in the Roman emergency legislation. The fundamental ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
October Crisis
The October Crisis (french: Crise d'Octobre) refers to a chain of events that started in October 1970 when members of the Front de libération du Québec (FLQ) kidnapped the provincial Labour Minister Pierre Laporte and British diplomat James Cross from his Montreal residence. These events saw the Prime Minister Pierre Trudeau invoking the ''War Measures Act'' for the first time in Canadian history during peacetime. The Premier of Quebec, Robert Bourassa, and the Mayor of Montreal, Jean Drapeau, supported Trudeau's invocation of the ''War Measures Act'', which limited civil liberties and granted the police far-reaching powers, allowing them to arrest and detain 497 people. The Government of Quebec also requested military aid to support the civil authorities, with Canadian Forces being deployed throughout Quebec. Although negotiations led to Cross's release, Laporte was murdered by the kidnappers. The crisis affected the province of Quebec, Canada, especially the metropolitan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court system. The ''Supreme Court Act'' makes the chief justice, a Crown in Council appointment, meaning the Crown acting on the advice of the prime minister and minister of justice. The chief justice serves until they resign, turn 75 years old, die, or are removed from office for cause. By tradition, a new chief justice is chosen from among the court's incumbent puisne justices. The chief justice has significant influence in the procedural rules of the Court, presides when oral arguments are held, and leads the discussion of cases among the justices. The chief justice is also deputy governor general, ''ex-officio'' chairman of the Canadian Judicial Council, and heads the committee that selects recipients of the Order of Canada. Additionally, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. Many states have sovereign legislatures, including the United Kingdom, New Zealand, the Netherlands, Sweden, Norway, Denmark, Finland, Iceland, Barbados, Jamaica, Papua New Guinea, the Solomon Islands, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bora Laskin
Bora Laskin (October 5, 1912 – March 26, 1984) was a Canadian jurist who served as the 14th chief justice of Canada from 1973 to 1984. Laskin was appointed a puisne justice of the Supreme Court in 1970, and served on the Ontario Court of Appeal from 1965 to 1970. Before he was named to the bench, Laskin worked as a lawyer and in academia. Early life and family Laskin was born in Fort William, Ontario (now Thunder Bay), the son of Max Laskin and Bluma Zingel. His brother, Saul Laskin, went on to become the first mayor of Thunder Bay. His other brother, Charles, was a shirt designer and manufacturer. Laskin married Peggy Tenenbaum. The couple had two children: John I. Laskin, who followed in his father's footsteps and became a judge at the Ontario Court of Appeal, and Barbara Laskin Plumptre. His grandson (the son of his daughter) carries on his name. His nephew John B. Laskin is a judge of the Federal Court of Appeal, having previously been a faculty member of the Univer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation Act
Interpretation Act (with its variations) is a stock short title used for legislation in Australia, Canada, Hong Kong, Malaysia, New Zealand, the Republic of Ireland, Singapore and the United Kingdom relating to statutory interpretation, interpretation of legislation. The Bill for an Act with this short title will have been known as the Interpretation Bill during its passage through Parliament. Interpretation Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to interpretation. List Australia ; Commonwealth *The Acts Interpretation Act 1901 ; States and territories * Interpretation Act 1967 (ACT) * Legislation Act 2001 (ACT) * Interpretation Act 1987 (NSW) * The Acts Interpretation Act 1931 (Tas.) * Interpretation of Legislation Act 1984 (Vic.) Canada *The Interpretation Act, 1985, Interpretation Act, RSC 1985, c I-21 Hong Kong *The General Clauses and Interpretation Ordinance, General Clauses and Interpretation Ordinanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
