What is the role of the courts in determining whether or not legislation is constitutional?
British Columbia, Canada
The following excerpt is from R. v. Shoker, 2004 BCCA 643 (CanLII):
As stated in Hunter v. Southam (at p. 169): While the Courts are guardians of the Constitution and of individuals’ rights under it, it is the legislature’s responsibility to enact legislation that embodies appropriate safeguards to comply with the Constitution’s requirements. It should not fall to the courts to fill in the details that will render legislative lacunae constitutional.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a court to determine whether a piece of legislation is constitutional? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What factors must the court consider when determining whether to modify an interim spousal support order? (British Columbia, Canada)
What is the test for the Court of Appeal to determine whether a strata can be found to be performing its repair and maintenance duties under a Strata Plan? (British Columbia, Canada)
What are the factors used by the courts to determine whether a parent intended to leave the country with their children? (British Columbia, Canada)
Is there a presumption of necessity in determining whether there is an absolute need for the court to order a search and seizure of a person who is not a witness? (British Columbia, Canada)
What are the factors used by courts to determine whether a child has received a loan? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for trial? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for purpose? (British Columbia, Canada)
