Résumé
This is an introductory text on public law in Canada, describing the origins and exercise of governmental authority. Part I provides an introduction to major themes in public law. Part II describes the main actors in public law – Parliament, the executive branch, and the judiciary. Part III examines in more detail the interrelation between the courts and the political branches of government – the executive and the legislature.
Contenu
1. Introduction. – Part I. Setting the Stage. – 2. Nature, divisions, and sources of law. – 2.1. Legal theory in relation to public law. – 2.2. Canadian legal inheritances. – 3. Recurring constitutional themes in Canadian public law. – 3.1. Constitutionalism in Canada. – 3.2. The exercise of public power in Canada. – 3.3. The process of constitutional amendment. –
Part II. The Key Actors in Public Law. – 4. Parliament and the legislative process. – 4.1. Structure and operation of Parliament. – 4.2. Key actors in Parliament. – 4.3. Parliamentary procedure. – 5. The exercise of executive authority. – 5.1. The rise of the administrative state in Canada. – 5.2. The executive branch defined. – 5.3. Sources of executive power. – 5.4. The nature and function of delegated powers. – 5.5. Limits on the exercise of delegated authority. – 6. The courts and the judiciary. – 6.1. Structure of the Canadian court system. – 6.2. Judicial appointments. – 6.3. Judicial independence. –
Part III. Interplay between the Courts and the Political Branches of Government. – 7. Statutory interpretation. – 7.1. Overview of statutory interpretation. – 7.2. An overview of the rules of statutory interpretation . – 7.3. Some illustrations. – 8. Constraints on legislative and administrative action. – 8.1. The role of constitutional judicial review in a democratic society. – 8.2. Judicial review of administrative action.