Thursday, 25 September 2014

War Power and The Case Of Proclamations 
  1. Canada : History : European Arrivals 
  2. Responsible Government
  3. 1867 Constitution Act : GOV : Queen of Canada : Governor General 
  4. Parliamentary Democracy : Breach Of Privilege
  5. Constitutional Monarchy : Queen's Regulations & Orders [Department of Defence
  6. Constitutional Convention
  7. Royal Assent
  8. Withholding Royal Assent or Veto
  9. Reserve Power
  10. Royal Prerogative  *** War Power +++ ### BC AG EXCUSED SCC Decision Media 
  11. Patriation 
  12. Glossary  
***Addendum (wiki) : "In the Case of Proclamations (1611) during the reign of King James I/VI, English common law courts judges emphatically asserted that they possessed the right to determine the limits of the royal prerogative. Since the Glorious Revolution in 1688, which brought co-monarchs Queen Mary II and King William III to power, this interpretation of there being a separate and distinct power of the Judiciary has not been challenged by the Crown. It has been accepted that it is emphatically the province of the court(s) to say what the law is, or means. This is a crucial corollary and foundation to the concept of the judicial power; and its distinct and separate nature from the executive power possessed by the Crown itself, or its ministers. In Canada, the royal prerogative is, for the most part, the same as that in the United Kingdom, as constrained by constitutional convention,[4] although its exercise is usually through the federal governor general or the lieutenant governors of the provinces in their respective privy councils. The royal prerogative in Canada is largely set out in Part III of the Constitution Act, 1867, particularly section 9.[5][6]
+++ War Power : "In Canada the Royal Prerogative is expressed in s. 9 of the Constitution Act, which vests all executive power in the Queen, and s. 15, which grants to her (and effectively to the prime minister of the day) command of the Canadian Forces. Even with this authority, the declaring of war has never seemed to be a vital matter in Canada.
GC : "Parliament does not possess the authority to determine the limits of its own privileges; these are part of the Constitution of Canada, and therefore the courts have the jurisdiction to determine the existence and scope of any claimed privilege. In doing so, their guiding principle has traditionally been the protection of parliamentary autonomy from the courts and the Executive. The primary question asked by the courts is whether the claimed privilege is necessary for the House of Commons and its Members to carry out their parliamentary functions of deliberating, legislating and holding the Government to account, without interference from those outside of Parliament. "