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Section 91 Of The Constitution Act, 1867
Section 91 of the ''Constitution Act, 1867'' (french: article 91 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the ''Constitution Act, 1867''. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers". The interplay between the two lists of powers have been the source of much constitutional litigation since the Confederation of Canada in 1867. The ''Constitution Act, 1867'' is the constitutional statute which established Canada. Originally named the ''British North America Act, 1867'', the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. ''Constitution Act, 1867'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proclamation Canadian Confederation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Commons Of Canada
The House of Commons of Canada (french: Chambre des communes du Canada) is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada. The House of Commons is a democratically elected body whose members are known as members of Parliament (MPs). There have been 338 MPs since the most recent electoral district redistribution for the 2015 federal election, which saw the addition of 30 seats. Members are elected by simple plurality ("first-past-the-post" system) in each of the country's electoral districts, which are colloquially known as ''ridings''. MPs may hold office until Parliament is dissolved and serve for constitutionally limited terms of up to five years after an election. Historically, however, terms have ended before their expiry and the sitting government has typically dissolved parliament within four years of an election according to a long-standing convention. In any case, an ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92(10) Of The Constitution Act, 1867
Section 92(10) of the ''Constitution Act, 1867'', also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on: Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. The legal interpretation ''ejusdem generis'' limits the scope of the exceptions to subsection 92(10). The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states: Extent of jurisdiction The Judicial Committee of the Privy Council held that: * "These works are physical things not services." * "'Undertaking' is not a physical thing but is an arrangement under which of course physical things are used."''Radi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 41 Of The Constitution Act, 1867
Section, Sectioning or Sectioned may refer to: Arts, entertainment and media * Section (music), a complete, but not independent, musical idea * Section (typography), a subdivision, especially of a chapter, in books and documents ** Section sign (§), typographical characters * Section (bookbinding), a group of sheets, folded in the middle, bound into the binding together * The Section (band), a 1970s American instrumental rock band * ''The Outpost'' (1995 film), also known as ''The Section'' * Section, an instrumental group within an orchestra * "Section", a song by 2 Chainz from the 2016 album ''ColleGrove'' * "Sectioning", a ''Peep Show'' episode * David "Section" Mason, a fictional character in '' Call of Duty: Black Ops II'' Organisations * Section (Alpine club) * Section (military unit) * Section (Scouting) Science, technology and mathematics Science * Section (archaeology), a view in part of the archaeological sequence showing it in the vertical plane * Section (bi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Mowat
Sir Oliver Mowat (July 22, 1820 – April 19, 1903) was a Canadian lawyer, politician, and Ontario Liberal Party leader. He served for nearly 24 years as the third premier of Ontario. He was the eighth lieutenant governor of Ontario and one of the Fathers of Confederation. He is best known for defending successfully the constitutional rights of the provinces in the face of the centralizing tendency of the national government as represented by his longtime Conservative adversary, John A. Macdonald. This longevity and power was due to his maneuvering to build a political base around Liberals, Catholics, trade unions, and anti-French-Canadian sentiment. Early years Mowat was born in Kingston, Upper Canada (now Ontario), to John Mowat and Helen Levack, Scottish Presbyterians who both emigrated from Caithness, Scotland. As a youth, he had taken up arms with the loyalists during the Upper Canada Rebellion of 1837, which suggested a conservative inclination in politics. But he instea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John A
Sir John Alexander Macdonald (January 10 or 11, 1815 – June 6, 1891) was the first prime minister of Canada, serving from 1867 to 1873 and from 1878 to 1891. The dominant figure of Canadian Confederation, he had a political career that spanned almost half a century. Macdonald was born in Scotland; when he was a boy his family immigrated to Kingston in the Province of Upper Canada (today in eastern Ontario). As a lawyer, he was involved in several high-profile cases and quickly became prominent in Kingston, which elected him in 1844 to the legislature of the Province of Canada. By 1857, he had become premier under the colony's unstable political system. In 1864, when no party proved capable of governing for long, Macdonald agreed to a proposal from his political rival, George Brown, that the parties unite in a Great Coalition to seek federation and political reform. Macdonald was the leading figure in the subsequent discussions and conferences, which resulted in the Brit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter-jurisdictional Immunity
In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, as it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled ''intra vires'', as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and be ruled inapplicable. The paramountcy doctrine states that if two pieces of legislation meet, regulate the same activities, and conflict, the federal legislation is paramount, prevails and renders the provincial legislation ''inoperative''. In contrast, the ''interjurisdictional immunity doctrine'' is activated even if there is no meeting of legislat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paramountcy
Suzerainty () is the rights and obligations of a person, state or other polity who controls the foreign policy and relations of a tributary state, while allowing the tributary state to have internal autonomy. While the subordinate party is called a vassal, vassal state or tributary state, the dominant party is called a suzerain. While the rights and obligations of a vassal are called vassalage, the rights and obligations of a suzerain are called suzerainty. Suzerainty differs from sovereignty in that the dominant power allows tributary states to be technically independent, but enjoy only limited self-rule. Although the situation has existed in a number of historical empires, it is considered difficult to reconcile with 20th- or 21st-century concepts of international law, in which sovereignty is a binary concept, which either exists or does not. While a sovereign state can agree by treaty to become a protectorate of a stronger power, modern international law does not recognise any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intra Vires
('beyond the powers') is a List of Latin phrases, 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: * Company, Companies and other legal persons sometimes have limited capacity (law), 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. * Primary and secondary legislation, 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 l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Confederation
Canadian Confederation (french: Confédération canadienne, link=no) was the process by which three British North American provinces, the Province of Canada, Nova Scotia, and New Brunswick, were united into one federation called the Canada, Dominion of Canada, on July 1, 1867. Upon Confederation, Canada consisted of four provinces: Ontario and Quebec, which had been split out from the Province of Canada, and the provinces of Nova Scotia and New Brunswick. Over the years since Confederation, Canada has seen numerous territorial changes and expansions, resulting in the current number of Provinces and territories of Canada, ten provinces and three territories. Terminology Canada is a federation and not a confederate association of sovereign states, which is what "confederation" means in contemporary political theory. It is nevertheless often considered to be among the world's more decentralization, decentralized federations. The use of the term ''confederation'' arose in the Provin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
