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Law of the Constitution: The Distribution of Powers
This book offers an insightful and thorough look at the distribution of powers in Canada between the federal and provincial governments, and provides an analysis of how the courts have treated and decided the issues that have arisen in this context.
Publisher:
LexisNexis Canada
Publication Language:
English
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Product description
The effective distribution of powers between various levels of government is critical to large countries – and Canada is no exception. A distribution of powers allows for the creation of local governments that are better suited to manage and address the specific needs of local populations. In addition, in countries like Canada where there is a linguistic, religious or cultural minority, a distribution of powers helps ensure that that minority population has certain powers that are particular to their needs or wishes.
In Canada, sections 91 and 92 of the Constitution Act, 1867 set out the distribution of powers between the federal and provincial governments, and the Act also administers to the specific needs stemming from Quebec's linguistic differences as compared to English Canada.
Written by veteran lawyer and constitutional law expert, Donald Bur, Law of the Constitution: The Distribution of Powers offers an insightful and thorough look at the distribution of powers in Canada between the federal and provincial governments, and provides an analysis of how the courts have treated and decided the issues that have arisen in this context.
An invaluable resource
In Law of the Constitution: The Distribution of Powers, Dr. Bur conducts a comprehensive examination of the case law related to every class within section 91 and 92. His analysis of class descriptions allows readers to understand how the courts have interpreted federal and provincial legislative jurisdiction. His analysis of the content of each class, through the discussion of legislative matters, allows readers to access most of the constitutional cases that have been decided, from all levels of court, and places them within a particular class context. This approach enables readers not only to gain a broader understanding of what the courts have done, and what they should have done, but at the same time to conduct in-depth research in the area of constitutional law. This book also includes an in-depth discussion of the structure of the courts as well as the methodology of judicial interpretation.
This is a must-have resource for constitutional lawyers and government lawyers at all levels (federal, provincial and municipal), but also for any practitioner who deals with legislation and has a question about its validity. This book should be featured on the shelves of law libraries across the country.
Table of contents
General Principles
Chapter I: A View of Canada
Part 1: The Constitution and Interpretive Aids
Part 2: Pre-Confederation Status of the Province
Part 3: Federalism
Part 4: The Agreement
Part 5: The View of Canada
Chapter II: The Courts and the Judicial System
Part 1: The Structure of the Courts
Part 2: The Methodology of Judicial Interpretation
The Distribution of Powers
Chapter III: The Legislative Classes
Part 1: The Federal Legislative Level
Part 2: The Provincial Legislative Level
Chapter IV: Legislative Matters
Part 1: The Federal Legislative Level
Part 2: The Provincial Legislative Level
