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The Impact of the Judicial Committee of Privy Council on Canadian Federalism

Author: GeYin
Tutor: LiWei
School: Shandong University
Course: World History
Keywords: The Judicial Committee of the Privy Council of the British Empire Canadian Federalism Judicial interpretation British North America Act of 1867 Quasi- federalism Standard federalism
CLC: D971.1
Type: Master's thesis
Year: 2008
Downloads: 77
Quote: 0
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Abstract


The British North America Act of 1867 \As the country's most important constitutional document , it legislative powers between the federal and provincial levels of government allocation, divided their permission ; Law also requires , in many respects , the powers of the provincial government must be subordinate to the federal government powers. Therefore, in the beginning of the establishment of federalism in Canada , obviously has a leading and dominant position in the power of the federal government side . \From 1867 to 1949 , served as the Supreme Court of Appeals of the Dominion of Canada , the Judicial Committee of the Privy Council of the British Empire . It appeals involving Canadian Federalism under the separation of powers of the two levels of government to make a judgment , and in this process , a series of judicial interpretation of the relevant provisions of the British North America Act of 1867 . Overall , these judicial interpretation of limiting the power of the federal government of Canada , and a wide range of powers to the provincial governments , allowing the British North America Act , from a highly centralized constitutional document into a \real federal Constitution , significantly changed the Canadian federal system , and established a two levels of government are independent of each other within their competence , not subordinate to the \The Judicial Committee of the judicial interpretation significantly alter the effect of the 1867 British North America Act , and Canadian Federalism evolution. Had a far-reaching impact . It has the result of the final adjudication both a traditional legacy of the British Empire , is also the product of the operational needs of the Canadian federal system . Making the process of judicial interpretation , it does not stick to the text of the British North America Act , but from the reality , according to the real needs , greatly enriched the provisions of the significance of the bill text . These judicial interpretation in large part adapted to the objective conditions of the Canadian society , comply with the needs of national development . Therefore we can say that , in 1949 , the Judicial Committee of the brilliantly fulfilled its task as the highest court of appeal in Canada .

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