Constitutional Validity of Legislation

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Sometimes laws made by a parliament or a legislature may contradict the supreme law of a country, its constitution. A constitutional democratic government gets its authority and power to make law from its constitution. Laws made exceeding the jurisdiction given to that government without the authority of the constitution may be meaningless if a Court in that country makes that determination. When a law is unconstitutional the Courts may say that the law is meaningless or that it should be "read down" so as not to be beyond the jurisdiction of the government. Courts have a duty to construe and apply laws to specific fact situations. Sometime they have to construe a particular law as meaning nothing and sometimes they have to construe the law as meaning something different from the letter of the law passed by Parliament.

A law is ultra vires if it is beyond the jurisdiction of the legislature.  

 

 

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Canada                                                      Edit this Entry                     Cases for this Canada paragraph

Laws in Canada must be made in the context of the Constitution of Canada. That includes the various Constitution Acts (eg. the British North America Act of 1867 and the Canadian Charter of Rights and Freedoms). Magna Carta is part of our constitution too: "with a Constitution similar in Principle to that of the United Kingdom".

 

 

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Charter of Rights Law: Words, Concepts, Issues, Terminology, and Ideas

Charter of Rights Law: Constitutional Validity of Legislation Information For Expression and Peer Review by Law Students, Articled Clerks, and Students-at-Law

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This Charter of Rights Law Constitutional Validity of Legislation page is for expression by students of law and forensic science in understanding and peer reviewing important Charter of Rights Law: Constitutional Validity of Legislation concepts, words, issues, and ideas. This site is not intended to provide Charter of Rights legal advice to the public. Members of the public with Charter of Rights law questions should consult and retain a Charter of Rights lawyer or attorney for proper legal advice. Because this Constitutional Validity of Legislation information comes from many sources who may not be Charter of Rights law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this Constitutional Validity of Legislation information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.

 

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For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. The participants do not practice in association. WARNING: All information contained herein is provided by students of the law for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

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