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Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy (french: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in ''Rothmans'': Claims in paramountcy may arise from two different forms of confl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Constitutional Law
Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect. In ''Reference re Secession of Quebec'', the Supreme Court characterized four fundamental and organizing principles of the Constitution (though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and protection of minorities. Reviewable matters and legal standing Under the authority of section 52(1) of the ''Constitution Act, 1982'', courts may review all matters of law. Accordingly, the courts have a broad scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any Constitutional issues as long as there is a sufficient legal component. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Multiple Access Ltd
Multiple may refer to: Economics *Multiple finance, a method used to analyze stock prices *Multiples of the price-to-earnings ratio *Chain stores, are also referred to as 'Multiples' *Box office multiple, the ratio of a film's total gross to that of its opening weekend Sociology *Multiples (sociology), a theory in sociology of science by Robert K. Merton, see Science *Multiple (mathematics), multiples of numbers *List of multiple discoveries, instances of scientists, working independently of each other, reaching similar findings *Multiple birth, because having twins is sometimes called having "multiples" *Multiple sclerosis, an inflammatory disease *Parlance for people with multiple identities, sometimes called "multiples"; often theorized as having dissociative identity disorder Printing *Printmaking, where ''multiple'' is often used as a term for a print, especially in the US * Artist's multiple, series of identical prints, collages or objects by an artist, subverting the ide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Osgoode Hall Law School
Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. The law school is home to the Law Commission of Ontario, the Journal of Law and Social Policy, and the ''Osgoode Hall Law Journal''. A variety of LL.M. and Ph.D. degrees in law are available. Its alumni include two Canadian prime ministers, eight premiers of Ontario, and ten Justices of the Supreme Court of Canada, four of whom were Chief Justices. The current dean of the law school is Mary Condon. History Osgoode Hall was named for William Osgoode, an Oxford University graduate and barrister of Lincoln's Inn who was the first to serve as the chief justice of Upper Canada. Osgoode Hall can trace its history back to the 1820s, and count the first Canadian prime minister Sir John A. Macdonald among its graduates. In 1889, it was reorganized and the Law Society of Upper Canada permanently established the Law School on the site now known as Osgoode Hal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill Law School
The Faculty of Law is one of the professional graduate schools of McGill University in Montreal, Quebec, Canada. It is the oldest law school in Canada, and continually ranks among the best law schools in the world. The faculty is known for its holistic approach though highly selective and competitive process for admission. Only 180 candidates are admitted for any given academic year. For the year 2021 class, the acceptance rate was 10%. McGill Faculty of Law has consistently ranked as the top law school for civil law, a top law school for common law, the most number of Supreme Court clerkships of any law school in Canada, and consistently outranks Europe, Asia, and Latin America's top civil law schools. Notable alumni include Prime Ministers John Abbott and Sir Wilfrid Laurier, thirteen Justices of the Supreme Court (Including the most recent appointments, Mahmud Jamal and Nicholas Kasirer), as well as numerous Members of Parliament. Three members of the current Cabinet of Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill Law Journal
The ''McGill Law Journal'' is a student-run legal publication at McGill University Faculty of Law in Montreal. It is a not-for-profit corporation independent of the Faculty and it is managed exclusively by students. The ''Journal'' also publishes the ''Canadian Guide to Uniform Legal Citation'' and a series of podcasts since 2012. A 2022 study assessing the most cited Law Review articles in the history of the Supreme Court of Canada found that the McGill Law Journal was one of a select few elite law journals in Canada and the McGill Law Journal was by far the most cited by the Supreme Court of Canada with 150 citations, with the second and third place consisting of 100 and 86 citations, respectively. Overview Since the 1970s, the ''McGill Law Journal'' has been cited more often by the Supreme Court of Canada than any other university-affiliated law journal in the world. ''Journal'' subscribers reside in more than twenty-five countries. Following the faculty's policy of bilingual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Alberta
The University of Alberta, also known as U of A or UAlberta, is a public research university located in Edmonton, Alberta, Canada. It was founded in 1908 by Alexander Cameron Rutherford,"A Gentleman of Strathcona – Alexander Cameron Rutherford", Douglas R. Babcock, 1989, The University of Calgary Press, 2500 University Drive NW, Calgary, Alberta, Canada, the first premier of Alberta, and Henry Marshall Tory,"Henry Marshall Tory, A Biography", originally published 1954, current edition January 1992, E.A. Corbett, Toronto: Ryerson Press, the university's first president. It was enabled through the Post-secondary Learning Act''.'' The university is considered a "comprehensive academic and research university" (CARU), which means that it offers a range of academic and professional programs that generally lead to undergraduate and graduate level credentials. The university comprises four campuses in Edmonton, an Augustana Campus in Camrose, and a staff centre in downtown Cal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Preemption
In United States law, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government (more often than not a municipality or other part of the state government that only exercises power within a certain geographical area such as a county) usually by the state legislature. Preemption is often used when there is a political disagreement between the state legislature and municipal governments. The largest division between the legislature and the local governments is typically partisan; most state legislatures have been, since 2010, dominated by Republicans, while city governments are typically dominated by Democrats. Types of preemption State preemption comes in many forms. A state that enacts a requirement but allows municipalities to pass more stringent laws is engaging in preemption; however, most controversial forms of state preemption are the opposite. Some preemption laws contain punishments for enforcing preempted laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 109 Of The Constitution Of Australia
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others. Text Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the ''Commonwealth of Australia Constitution Act 1900'' (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is invalid in the positivist sense that the State Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with fede ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suzanne Côté
Suzanne Côté (born September 21, 1958) is a puisne justice of the Supreme Court of Canada. She was nominated by Prime Minister Stephen Harper to replace retiring justice Louis LeBel. Before her appointment to the Supreme Court, she was a partner at Osler, Hoskin & Harcourt LLP and previously Stikeman Elliott LLP in Montréal. She is the first woman appointed to the Supreme Court directly from private practice. Early life and education She had wanted to be a lawyer since age 11. While her mother wanted her to become a teacher, as a child Suzanne enjoyed reading about high-profile legal cases. Côté did her legal studies at the Faculté de droit de l'Université Laval. Career While a student, Côté worked at a small law firm in Gaspé. She bought half of her employer's practice. Côté was called to the Bar of Quebec in 1981. She went on to become a partner at Stikeman Elliott LLP in Montréal, and later Osler, Hoskin & Harcourt LLP. At Osler, Hoskin & Harcourt, she over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
