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Full-Text Articles in Law
Constitutionalising The Senate: A Modest Democratic Proposal, Allan C. Hutchinson, Joel I. Colón-Ríos
Constitutionalising The Senate: A Modest Democratic Proposal, Allan C. Hutchinson, Joel I. Colón-Ríos
Articles & Book Chapters
The Senate Reference did not provide an ideal situation for clarifying the nature and limits of the power of constitutional reform in Canada. The facts gave the Court no choice but to recognize the fundamental role that the Senate plays in the Canadian constitutional order, and therefore to place some of its main features outside the scope of section 44 of the Constitution Act, 1982, even if they ran contrary to basic democratic values. For example, in order to explain that the implementation of consultative elections would alter the constitution’s basic structure, the Court was forced to construe in a …
Payment Law: Legislative Competence In Canada, Benjamin Geva
Payment Law: Legislative Competence In Canada, Benjamin Geva
Articles & Book Chapters
This article addresses the legislative competence in Canada in relation to regulatory and transactional aspects of payment of law. Setting out the parameters of "payment law", the article examines the federal legislative powers in relation to bills and notes as well as banking, in broader constitutional and historical context, and argues for federal jurisdiction. A possible legislative role for the provinces is also discussed.