Separation of Powers Constitutional Law

Canada’s separation of powers © Copyright 2013 Tolga R Yalkin Legislative Executive Judicial

US’s separation of powers © Copyright 2013 Tolga R Yalkin Legislative Executive Judicial

Impact of separation of powers Courts reluctant to question prosecutorial discretion. Courts reluctant to take on administrative or executive responsibilities. Courts may not answer references where question is too ambiguous or imprecise, the courts have insufficient information to answer the question, or the question is moot or political. © Copyright 2013 Tolga R Yalkin

Constitutional Supremacy Parliamentary Supremacy

Recap Canada has a separation of powers. Separation of powers means courts reluctant to question quintessentially executive actions and take on quintessentially administrative responsibilities. Parliamentary supremacy requires courts to answer reference questions, but they will not if question too imprecise, not enough information, or question moot. Constitutional supremacy trumps parliamentary supremacy, and legislatures cannot prevent courts from reviewing the constitutionality of statutes. © Copyright 2013 Tolga R Yalkin

END © Copyright 2013 Tolga R Yalkin