Statutes

• Statutes

  Laws coming from Parliament and legislation – most important in Canada and trumps (if constitutional) case law/judge-made law.
• Who enacts the statutes?

  • On the federal level: Parliament in Ottawa
  • On the provincial level: legislatures in Victoria
• What are the three branches of government and what do they do in regard to statutes?

  The three branches of government are (1) executive, (2) legislative, and (3) judicial.

  1. Implements the laws.
  2. Makes the laws.
  3. Disputes the laws.
• Who proposed the idea of having three separate branches of government?

  Montesquieu; he was concerned about state power and thought desposition is a danger that government would fall to.
• Primary Legislation

  Legislation comes straight from the legislative or parliament.
• Subordinate Legislation

  A subordinate lawmaking body that is given authority to make bylaws and created by a primary legislative.