Sentences with phrase «legislative supremacy»

Wills's contention that Madison was a proponent of legislative supremacy among the branches is unconvincing given that it was the overweening power granted legislatures by the state constitutions that Madison and other Federalists sought to avoid at the federal level in the Constitution.

Tagged with: administrative law correctness standard deference Dunsmuir Edmonton East judicial review Justice Abella Justice Stratas legislative supremacy reasonableness reasonableness standard rule of law standard of review

Tagged with: Aboriginal Law Courtoreille Appeal Crown duty to consult Intervention Justiciable legislative sovereignty legislative supremacy parliamentary sovereignty parliamentary supremacy separation of powers

The greatest single insult to parliamentary or legislative supremacy over the Executive in our system of government was the supposed introduction of the 2003 budget by Mike Harris's Minister of Finance (aka «Provincial Treasurer») at a Magna plant.

None of the opinions in Dunsmuir challenge the received view on the role of substantive judicial review being that of mediating a tension between legislative supremacy and the rule of law by policing the boundaries of administrative authority.

He holds these ideas up against an arrangement of legislative supremacy, whereby representative powers are vested entirely in Parliament or Congress.

First, the debates of the period underscore the benefits of an executive branch, as opposed to legislative supremacy.

Stratas cites the SCC's recent decision in Kanthasamy v. Canada (Citizenship and Immigration)(in which the court set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the matter.

He also seeks a reaffirmation of «legislative supremacy» and a greater focus on «intensity of review.»

I am inclined to think — though my thoughts on administrative law are still tentative — that in determining the standard of review we should not attempt to reconcile the Rule of Law and legislative supremacy.

Justice Slatter also recognizes the importance of legislative supremacy but is bewildered by the privileging of implied intent over explicit intent.

Perhaps it is still not as tidy as I (or my students) would have hoped, but I do think that this proposed approach better reflects (i) the constitutional role of the courts and judicial review in particular; (ii) the principle of legislative supremacy; and (iii) the nature of deference in the context of reasonableness review.

For the court to have done that, they had to have thought that legislative supremacy (or competence) is rebuttable because there was clearly no mistake in the provision; Or they also had to have read a lot of common law into the POA, which is really more gap than substance — it having been enacted only to repeal the common law that agency terminates on the incapacity of the principal.

To describe such cases as being only about judicial and popular or legislative supremacy is to miss this clash of two popular wills.