New PDF release: Characterisation in Federations: Six Countries Compared

By Gregory Taylor

ISBN-10: 3540271910

ISBN-13: 9783540271918

ISBN-10: 3540297944

ISBN-13: 9783540297949

In this paintings Dr. Taylor surveys the federal nations of the realm and asks how they divide energy one of the constituent devices of the federation. In so doing, he considers not just the formal constitutional textual content, yet, way more importantly, the case legislation that has grown up round it because the Courts strengthen methods to studying provisions for the distribution of powers. this permits conclusions to be drawn concerning the effectiveness of assorted structural and interpretative techniques to the distribution of powers inside federations.

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That which is relevant for this essay is this: it must be decided whether a particular law has a sufficiently close connexion with - although it ex hypothesi does not operate upon - a subject-matter of federal power to justify characterising it as a law 'with respect to' that subject-matter. ^^ But when is there a reasonable connexion and when is a connexion apparent but still too minimal to justify characterising a law as one 'with respect to' the federal power? In the end there is no sure guide to when this is so.

1966), pp. 293f, 313, 318. 30 3. Canada in Canada has produced highly complicated doctrine relating to scope and characterisation. It is a remarkable double paradox that the efforts of the Canadians to avoid creating a distribution of powers like that of the United States has resulted in the creation of a distribution which is very like that which the United States was meant to have but does not. As far as scope is concerned, there is a need in Canada to reconcile two lists which claim to be exclusive, and thus mutually exclusive.

There is a separate Queen's Privy Council for Canada which is not connected with the Privy Council in London. b. Text and doctrine 31 British Judges, was until 1949^^ the supreme Court of appeal for Canada even on constitutional issues - in Citizens Insurance Co, of Canada v. ParsonsP The case concerned the validity of a statute of the province of Ontario relating to the conditions attached to contracts of insurance against fire. It was argued unsuccessfully that this came within the federal trade and commerce power.

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Characterisation in Federations: Six Countries Compared by Gregory Taylor


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