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Halsbury's Laws of Canada – Constitutional Law – Charter of Rights (2019 Reissue) / Constitutional Law – Division of Powers (2019 Reissue)

Constitutional Law – Charter of Rights discusses the scope and application of the Canadian Charter of Rights and Freedoms and its interpretation by Canadian courts, while Constitutional Law – Division of Powers illuminates the complex interaction between the written and unwritten elements of the constitution.
Publication Language: English
Book
$310.00
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Published:
ISBN/ISSN: 9780433499435

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $310 each.

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Constitutional Law – Charter of Rights (2019 Reissue)
Dwight Newman, Q.C., B.A., J.D., B.C.L., M.Phil., D.Phil.

The impact of the Canadian Charter of Rights and Freedoms on virtually every field of law is beyond debate, as is the importance of an authoritative resource that lawyers can turn to for a clear explanation of its application and interpretation.

Constitutional Law – Charter of Rights discusses the scope and application of the Charter, and its interpretation by Canadian courts.

Topics covered include:

  • Interactions with Canadian Bill of Rights
  • Principles of interpretation
  • Application to government action and extraterritorial application
  • Limitation of rights
  • Section 33 constitutional override
  • Rights and freedoms protected
  • Enforcement of Charter rights and remedies

 

Constitutional Law – Division of Powers
Guy Régimbald, B.S.Sc., LL.B., B.C.L. (Oxon.), John J. Wilson, B.A.H., J.D.

Canada's constitution creates two distinct levels of legislative authority. It is therefore of critical importance to know which subject areas are within the exclusive jurisdiction of Parliament, which are strictly matters for the provincial legislatures, and which are areas of both federal and provincial jurisdiction.

Constitutional Law – Division of Powers illuminates the complex interaction between the written and unwritten elements of the constitution, together with the common law and practices, customs and conventions that have shaped our modern legal system.

Topics covered include:

  • Sources of constitutional law and institutions
  • Constitutional conventions and unwritten principles of the constitution
  • Courts, independence of judiciary and judicial review
  • Constitutional interpretation
  • Peace, order and good government
  • Criminal law – federal and provincial jurisdiction
  • The regulation of trade and commerce
  • The raising of revenue, the spending power and federal authority in relation to banking, bankruptcy and interest
  • Works and undertakings, communications and transportation, and labour relations
  • Property and civil rights and provincial authority in relation to local and private matters

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Table of contents

Constitutional Law – Charter of Rights
I. Introduction
II. Application of the Charter
III. Limitation of Rights
IV. Section 33 Notwithstanding Clause
V. Democratic Rights
VI. Fundamental Freedoms
VII. Mobility Rights
VIII. Section 7: Life, Liberty, and Security of the Person
IX. Legal Rights: Sections 8 to 14
X. Equality Rights
XI. Language Rights
XII. Enforcement of Charter Rights and Remedies

Constitutional Law – Division of Powers
I. Sources of Constitutional Law and Institutions
II. Constitutional Conventions and the Unwritten Principles of the Constitution
III. Courts, Independence of Judiciary and Judicial Review
IV. Constitutional Interpretation: Pith and Substance, Double Aspect, Paramountcy and Interjurisdictional Immunity
V. Peace, Order and Good Government
VI. Criminal Law – Federal and Provincial Jurisdiction
VII. The Regulation of Trade and Commerce
VIII. The Raising of Revenue, the Spending Power and Federal Authority Over Banking, Bankruptcy and Interest
IX. Works and Undertakings, Communications and Transportation, and Labour Relations
X. Property and Civil Rights and Provincial Authority in Relation to Local and Private Matters
XI. The Environment and Natural Resources