Acceso usuarios
Separation of powers between the branches of government is a well-known principle of our democratic system. However, there is a unique parliamentary procedure in Ontario whereby the judiciary plays a role in the scrutiny of proposed legislation. In this article, the authors explain how an Estate Bill is one of the last remnants of the Assembly’s judicial role, describe the legislative process of such bills, and offer a case study of this process in action. They conclude with a call for discussion about whether there is merit in judicial review of other types of legislation provided it would be a worthwhile use of judicial resources and be conducted in a way that did not infringe on the principle of separation of power.
