Sentences with phrase «declaratory legislation»

in enacting declaratory legislation, the legislature assumes the role of a court and dictates the interpretation of its own law; and

In those instances, the government can pass declaratory legislation.

In this case, the question was what weight should be given to declaratory legislation when a court is required to interpret a statute?

Not exact matches

Or, the government could have admitted that perhaps the legislation was less than clear, and it was putting the new declaratory provisions before the Supreme Court for confirmation that it would permit Nadon's appointment.

Can Parliament enact legislation that requires that a person be or has previously been a barrister or advocate of at least 10 years standing at the bar of a province as a condition of appointment as a judge of the Supreme Court of Canada or enact the annexed declaratory provisions as set out in clauses 471 and 472 of the Bill entitled Economic Action Plan 2013 Act, No. 2?

As to the remedy to be granted, Liberty had argued that the court should go further than simply granting declaratory relief, and disapply the current legislation.

However, the Committee observes that retained direct EU law with the status of primary legislation would remain subject to judicial interpretative and declaratory powers under the HRA, and to the courts» inherent powers of construction whereby legislation is, wherever possible, read in line with common law constitutional norms.

The Canadian Foundation for Children, Youth & the Law, a childrens» rights organization, brought an action for declaratory relief striking down Section 43 of the Criminal Code, the legislation which decriminalizes the spanking of children for the purpose of corrective discipline.

declaratory provisions have an immediate effect on pending cases, and therefore an exception to the general rule that legislation is prospective.