delegated legislation

From Blogger

Reviewing Regulations

The Supreme Court of Canada heard argument last Monday in an important case on reviewing delegated legislation: Shopper’s Drug Mart v. Minister for Health. The pharmacies lost in the Ontario Court of Appeal: 2011 ONCA 830; though Epstein J.A. delivered a convincing dissent. Up for discussion at the Supreme Court of Canada was the vires […] Read more

From Blogger

Henry VIII Down Under

There are limits to what courts can do to thwart legislative enactments of Henry VIII clauses, which grant powers to the executive to modify legislation. Typically, Henry VIII clauses are included in legislation for limited periods of time, to facilitate the implementation of the statutory provisions. Much of what governs modern life is not produced […] Read more

From Blogger

Of prerogatives, rules and guidance

The UK Supreme Court decided two very interesting immigration cases the week before last, touching on two very interesting issues.The first issue was whether the royal prerogative in respect of immigration control had been ousted by the Immigration Act, 1971. That Act seems to be expressed in permissive terms. It allows, but does not require, […] Read more