1. Separation of Powers Constitutional Law

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

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

4. 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

5. Constitutional Supremacy Parliamentary Supremacy

6. 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

7. END © Copyright 2013 Tolga R Yalkin