Halsbury's Laws of Canada – Constitutional Law – Charter of Rights (2023 Reissue) / Constitutional Law – Division of Powers (2023 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

Published: June 27, 2023

Publisher: LexisNexis Canada

Product Format Details Qty
Book
$345.00
In Stock ISBN: 9780433523567
Hardcover | 750 pages

   

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CONSTITUTIONAL LAW – CHARTER OF RIGHTS
Dwight Newman, K.C., B.A., M.A.T.S., J.D., M.Sc., 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 the 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 (Hons.), J.D., B.C.L.

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 the 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

 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

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