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In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines where legislation arising from one level of jurisdiction may be applicable to matters covered at another level. Interjurisdictional immunity is an exception to the pith and substance doctrine, because it stipulates that there is a core to each federal subject matter that cannot be reached by provincial laws. While a provincial law that imposes a tax on banks may be ruled ''intra vires'', as it is not within the protected core of banking, a provincial law that limits the rights of creditors to enforce their debts would strike at such a core and therefore be ruled inapplicable. The paramountcy doctrine states that where two pieces of legislation meet, regulate the same activities, and conflict, the federal legislation is paramount, prevails and renders the provincial legislation ''inoperative''. In contrast, the ''interjurisdictional immunity doctrine'' is activated even where there is no meeting of legislation or contradiction between federal and provincial statutes. It only requires that the provincial legislation impact federal things, persons or undertakings significantly. The doctrine renders ''inapplicable'' legislation of general application which affects the rights and obligations, impacts the status, or regulates the essential parts of: : * things, : * persons, or : * undertakings, exclusively within the core of the jurisdiction of the other order of government. ==Early cases== The doctrine was first formulated to deal with the effects that provincial laws could have on federally incorporated companies. : * In ''John Deere'', provincial laws prohibiting companies not incorporated under the law of the enacting province from carrying on business without a prescribed licence were held not to apply to federally incorporated companies. : * In ''Great West Saddlery'', an Ontario law prohibiting all companies from acquiring or holding land without a provincial license did not impair the status or essential powers of the federal companies that operated within the province. 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「interjurisdictional immunity」の詳細全文を読む スポンサード リンク
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