Talk:Quasi-constitutionality

Untitled
A few things that I think need to be added to this article:

1. Additional laws that are quasi-constitutional (eg. I've just heard that the Privacy Act is also quasi-constitutional)---"The Privacy Act is a quasi-constitutional document. In other words, it prevails over any other statute unless there are express provisions provided for by Parliament in the legislation that set aside the Privacy Act." (Source: Testimony of Diane Labelle to the House of Commons Standing C'tee on Health, Oct. 19, 2010 at 12:20 pm.)

2. The concept of a "statutory bill of rights" exists in a number of other jurisdictions. Some kind of reference to this parallel ought to be made, to show this isn't uniquely Canadian. Similarly, Canada is only one of a number of jurisdictions with an Interpretation Act.

3. There should be some kind of history of the use of the term "quasi-constitutional" in Canada, since it is this terminology, rather than the actual concept of such a law, that seems to be uniquely Canadian.

4. The degree to which the courts actually defer to quasi-constitutional laws in their decisions is of key importance. Between 1960, when Canada's Bill of Rights was enacted, and 1982, when the Charter of Rights came into effect, the courts normally ignored the override provision of the Bill of Rights, and found every limitation of individual rights contained in later laws to be permissible. The degree to which this deference exists should be discussed: (a) In Canada, vis-a-vis the various quasi-constitutional laws passed over the years in the federal parliament & provincial legislatures; and (b) In other jurisdictions. (For example, to what degree has New Zealand's legislated Bill of Rights proved to be de facto binding?)

Flint and Fire (talk) 13:40, 24 October 2010 (UTC)

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