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Intra Vires Case Study

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Position in Canada: Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government.
The British North America Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon, it was found that the topics enumerated in the two sections overlapped, …show more content…

The extent of the encroachment on matters beyond its competence may be an element in determining whether the legislation is colourable: whether in the guise of making a law on a matter within its competence, the legislature is, in truth, making a law on a subject beyond its competence. However, where that is not the position, the fact of encroachment does not affect the vires of the law even as regards the area of encroachment.
The first task in the pith and substance analysis is to determine the pith and substance or essential character of the …show more content…

This requires considering the seriousness of the encroachment on provincial powers, in order to decide on the proper standard for such a relationship. If the provision passes this integration test, it is intra vires Parliament as an exercise of the general trade and commerce power. If the provision is not sufficiently integrated into the scheme of regulation, it cannot be sustained under the second branch of s. 91(2).
In certain cases, it may be possible to dispense with some of the aforementioned steps if a clear answer to one of them will deal with the issue. For example, if the provision in question has no relation to the regulatory scheme, the question of its validity may be quickly answered on that ground alone.
Position in India: The doctrine has been applied in India also to provide a degree of flexibility in the otherwise rigid scheme of distribution of powers. The reason for adoption of this doctrine is that if every legislation were to be declared invalid on the grounds that it encroached powers, the powers of the legislature would be drastically

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The British North America Act created an enduring federation that matured into a peaceful, prosperous and well governed state, while challenging successive governments to alter its amending formula and distribution of powers to meet the needs of its inhabitants, except the British North American Act didn’t take many groups of people like the First Nation, Acadians, and Irish into consideration . The B.N.A Act created the dominion of Canada, established powers of the federal government and provincial government from the dominion of Canada. It set out rules of how the government of Canada work. Although not everyone was satisfied with the outcome of the B.N.A Act. Even though the 1867 constitution did establish a workable system of government, it did not prevent disputes over the division of powers in overlapping areas of authority such as taxation and in new areas

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1. What legislation did the provincial government propose? Why did it invoke the notwithstanding clause? The provincial government proposed the sexual sterilization Act which enabled the Alberta Eugenics Board to sterilize 2822 wards in order to “improve” the human race through parent selection.

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Section 33 of the Canadian Constitution’s Charter of Right, also known as the “Notwithstanding Clause” has many different pros and cons for Canadians and has been a hot topic for a long time among Canadians. Such a clause within the highest law of our land was bound to stir up controversy in Canada, and there are many people who are both for and against the clause for a variety of different reasons. There were several mitigating factors surrounding the clause as well as players behind it and several effects it had on Canadian people. There are also factors needed to implement such a clause, and there are several effects such a clause have on the government who attempts to use it. The cause was part of what was known as “The Kitchen Accord”

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The arguments were based majorly on legal and moral considerations. The legal arguments, which opponents advanced, were stronger than those of proponents of the Act. Morally, the arguments seemed to be equally strong. However, upon consideration of the entire arguments, numerical strength favored those of opponents. Also, all the arguments by proponents, except one, were objectively controvertible while those of opponents were not.

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Interactions amid the provinces and the federal government, from constitutional issues to the most irresistible topics bang up-to-date in the country, are indemnified beneath the umbrella of “Federalism”. Authorities are shared so that on some matters, the state governments are decision-holders, whereas on the other matters, national government grasps the autonomy. In last twenty-five years, the upsurge of federal fiats on both governments, local and state, has shifted the power amongst state and national governments. Now, the national government is beginning to have more governance over the state’s engagements.

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They are perceived as a hideous monster. However, the constitutional operation of the intended government would be the same even if the clauses were removed. They only sate the truth. Power means having the ability to do a thing, and to use any means necessary to execute it. A legislative power, is the power to make laws.

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Institutional and historical analysis often portray the motives of governments, especially in the cases of Quebec separatism and Aboriginal mistreatment. History describes attempts at compromise to rectify the problems by altering political institutions to provide more autonomy to the provinces, witness in various accords and the methods described previously. However, in regards to Aboriginals a historical relationship of exploitation and eradication sheds on the systemic issues that Aboriginals cope with and the institutions that caused them. As scholars of Canadian politics, it is important to consider historical and institutional analyses when looking at any issue, as it reveals the underlying motives of actors in regards to the cleavages that comprise a state.

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Torin Russell-Weddington Mrs. Quaden Civics 10 December 2017 Writing Activity 14 Nebraska did not always have a unicameral legislature, the idea of developing a unicameral legislature was started with the founding fathers, however in order to best suit the demands of all the states when ratifying the Constitution they decided that Congress would consist of two houses. The idea of having a unicameral legislature in Nebraska started in the era of the Dust Bowl and the Great Depression, and it was Senator George Norris that started passionately campaigning for it. Senator George Norris was a New Deal Republican who believed that having a two house Congress was an outdated and inefficient system that needed to be remedied. Senator Norris believed that since the United States was built upon the ideal of their being only one class of people, and that the legislative branch of government should reflect that belief. There were doubts that were raised about whether or not having a unicameral legislature would keep the checks and balances intact and that the legislative body would not become

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Western alienation is described as “a feeling of resentment by some inhabitants of western Canada against perceived favouritism by the national government towards the western provinces” (Collins, 2015). This alienation from the government can also be seen and demonstrated in the Senate, leading the growing western provinces to be underrepresented. The current system of allocating seats has not been significantly changed since confederation (Boyer, 2014).This has caused the alienation of provinces and discourse throughout regions due to the lack of considerable representation and recognition of distinct attributes and needs of provinces who are grouped together when they should be considered a region on it’s own (Boyer, 2014, 221-223). The

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The interpretation of a statute is an operation that aims to interpret and exercise laws that are produced by legislatures. Judges represent the main party that is responsible to clear any ambiguity that contains laws in order to make equitable and reasonable lawful decisions. The role of agencies in this regard is important due to the granting powers that are given to them by legislatures to interpret statutes based on their specialization and expertise. In order for the agencies to make rightful decisions, they should consider finding logical relevance with statutes. The deference rule reflects one of the principles that lead courts to interpret statutes.

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Starting from just two now there are several protocols established is a sign that these have been effective and successful. Strict timetables are followed by them and whichever party who fail to comply with the protocol rules will be penalized. Part 36 is another element of the Woolf Reforms which gives the parties of the claim an opportunity to

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Their focus did not adequately pertain to the actual implementation of these laws. He places emphasis upon the relationship to democracies. He details how in a democracy, it is ruled by all the population, and people elected by them. It is thus full of compromises.

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Precedents have a great importance in court’s decision. • Legal Sources: They are known as the instrument through which legal rules, law or principles are established: Legislature: Legislature is an essential part of state established by the parliament consisting of elected officials. Members of parliament present the bill which after thorough discussion approve or reject it. If the bill is approved from parliament, then senates looks through it and approve it with consultation, and it becomes an act. All the acts passed by governing authority can be challenged through judicial

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