Canadian Constitutional Law/Methods of judicial review

From Wikibooks, open books for an open world
Jump to navigation Jump to search

Character of law[edit | edit source]

Pith and Substance[edit | edit source]

Purpose and Effect[edit | edit source]

Double Aspect[edit | edit source]

The doctrine of Double Aspect says that a law may possess more than one "matter" that may be enumerated in both section 91 and 92. The doctrine originates from the Privy Council decision of Hodge v. The Queen (1883) where the court stated that "subjects which in one aspect and for one purpose fall within s.92, may in another aspect and for another purpose fall within s.91". In applying the doctrine, it should be in situations where the importance of one matter should not be significantly larger than the other. In effect, the doctrine removes the need for courts to split hairs to determine which head of power should be assigned a particular law.

Colourability[edit | edit source]

Concurrent jurisdiction[edit | edit source]

Ancilliary effects[edit | edit source]

Back to Constitutional law