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Building the UK's New Supreme CourtNational and Comparative Perspectives$
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Andrew Le Sueur

Print publication date: 2004

Print ISBN-13: 9780199264629

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199264629.001.0001

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Adjudicating Divisions of Powers Issues: a Canadian Perspective

Adjudicating Divisions of Powers Issues: a Canadian Perspective

Chapter:
(p.115) 6 Adjudicating Divisions of Powers Issues: a Canadian Perspective
Source:
Building the UK's New Supreme Court
Author(s):

Warren J. Newman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264629.003.0006

In 1998, in the UK, one of the reasons given for selecting the Judicial Committee of the Privy Council as the court for ‘devolution issues’ under the Scotland Act, Northern Ireland Act, and Government of Wales Act, was that the Privy Council held that the government ‘thought it appropriate to use its experience of handling cases that raise constitutional issues’ from various commonwealth dependencies and colonies. In fact, the Privy Council had no experience of ‘division of power’ adjudication, as opposed to fundamental rights issues, since Canada stopped sending appeals to London in 1949. This chapter argues that the Canadian experience on the adjudication of division of power issues is a useful reference point for the UK's developing case law on devolution.

Keywords:   Canada, devolution, Privy Council, adjudication, division of powers

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