翻訳と辞書
Words near each other
・ Union des Transports Aériens de Guinée
・ Union des travailleurs tunisiens
・ Union des écrivaines et des écrivains québécois
・ Union des étudiants juifs de France
・ Union Dime Savings Bank
・ Union Club of the City of New York
・ Union College
・ Union College (disambiguation)
・ Union College (Kentucky)
・ Union College (Nebraska)
・ Union College Men's Glee Club
・ Union College of Laguna
・ Union College Old Students Association, Sydney
・ Union College, Tellippalai
・ Union College, University of Queensland
Union Colliery Co of British Columbia v Bryden
・ Union Colony of Colorado
・ Union Commercial Bank
・ Union Community Hospital
・ Union Company
・ Union Concert Hall
・ Union Concert Hall, Odessa
・ Union Congregational Church
・ Union Congregational Church (Amesbury, Massachusetts)
・ Union Congregational Church (Avon Park, Florida)
・ Union Congregational Church (Taunton, Massachusetts)
・ Union Congregational Church (Tavares, Florida)
・ Union Congregational Church (Worcester, Massachusetts)
・ Union Congregational Church and Parsonage
・ Union Construction Company


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Union Colliery Co of British Columbia v Bryden : ウィキペディア英語版
Union Colliery Co of British Columbia v Bryden

''Union Colliery Co of British Columbia v Bryden'' is a famous Canadian constitutional decision of the Judicial Committee of the Privy Council where the exclusivity principle in Canadian federalism and pith and substance analysis was first articulated.
Bryden was a shareholder in Union Colliery, a coal mining company in British Columbia, and was troubled by the company's practice of employing "Chinamen" and putting them into positions of authority. He sought an injunction against the company for violating section 4 of the provincial Coal Mines Regulation Act of 1890, which prohibited hiring "Chinamen" to work in coal mines. Union Colliery challenged the constitutionality of Act, arguing that the prohibition related to matters of naturalization and was under the jurisdiction of the federal government under section 91(25) of the British North America Act, 1867. Bryden, however, argued that since the federal government had no laws covering the matter the province was allowed to step in and legislate on it.
The issue before the Council was whether the provinces could legislate in matters under federal jurisdiction where the federal government has remained silent.
The Council held that the pith and substance of the provision was in relation to "aliens and naturalized subjects" and did fall within the federal jurisdiction. They also held that the federal government did not need to pass laws in all areas within their jurisdiction, and under the exclusivity principle the province can never intrude upon the federal jurisdiction. It is only where the two governments make an explicit agreement can the province legislate in federal matters.
==See also==

* List of Judicial Committee of the Privy Council cases
* List of Supreme Court of Canada cases

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Union Colliery Co of British Columbia v Bryden」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.