Bill of Rights, judicial review, federalism
A limited form of judicial review has always been a prominent feature of Canadian federalism. Immediately after confederation, Canadian Courts assumed the jurisdiction to declare a statute to be beyond the legislative competence of the enacting body.' Until comparatively recently, Courts have also assumed that a totality of unrestricted legislative power resides in Parliament and the Provincial legislatures, i.e., as long as legislative jurisdiction exists, there is no limitation on the nature of legislation which may be passed.
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Douglas A. Schmeiser, “The Case Against Entrenchment of a Canadian Bill of Rights” (1973-1974) 1:1 DLJ 15.