Plenary provincial legislative power; double aspect, matters of a local or private nature
Hodge v The Queen is a Canadian constitutional law decision of the Judicial Committee of the Privy Council in 1883, at that time the highest court of appeal in the British Empire, including Canada. It was decided under the British North America Act, 1867, now known as the Constitution Act, 1867
The case was the first time that the Judicial Committee considered the constitutional status of the provincial legislatures as a general matter of principle, rather than the case-by-case analysis that had been used up to that point. The Judicial Committee held that the provincial legislatures, and the federal Parliament, both had extremely broad powers of legislation within their respective areas, on par with the British Parliament itself. The legislatures and Parliament were not mere delegates of the British Parliament, but plenary legislative bodies, subject only to the limits on their powers set out in the British North America Act, 1867.
The case is also significant because it was the first time the Judicial Committee set out the constitutional principle of double aspect under the division of powers between the federal Parliament and the provincial legislatures. The "double aspect" doctrine recognises that an activity may have some aspects that come within federal jurisdiction, while other aspects of the activity may come within provincial jurisdiction. Both federal and provincial laws can therefore apply to that activity, provided the laws remain within their respective constitutional boundaries.
As a result, the Judicial Committee upheld the provincial law in issue, the Liquor Licence Act of Ontario, and confirmed the conviction of Archibald Hodge under that act.
HodgevTheQueen is a Canadian constitutional law decision of the Judicial Committee of the Privy Council in 1883, at that time the highest court of appeal...
to be interpreted. In the subsequent case of Hodgev. TheQueen, followed by others from the Privy Council, the influence of the Supreme Court of Canada...
government. The origin of the doctrine comes from the 1883 Privy Council decision of Hodgev. TheQueen, where it was stated that "subjects which in one...
jurisprudence via Hodgev. TheQueen. Not all rulings, however, went in the provinces' favour. Russell v. TheQueen established the right of the federal parliament...
Confederation. The double aspect doctrine, as articulated in Hodgev. TheQueen, meant there was no conflict as the provincial law could not apply if the federal...
peace, order and good government) HodgevTheQueen (which introduced the double aspect doctrine and declared that the provinces' jurisdiction under Section...
The Patron's Lunch, 5 September 2014, archived from the original on 17 March 2016, retrieved 28 April 2016 Hodge, Kate (11 June 2012), "TheQueen has...
was Queen of England and Ireland from 17 November 1558 until her death in 1603. She was the last monarch of the House of Tudor. Elizabeth was the only...
on October 4, 2012. HodgevTheQueen (Canada) [1883] UKPC 59, 9 App Cas 117 (15 December 1883), P.C. (on appeal from Ontario) The Citizens Insurance Company...
from the original on 2012-10-04. HodgevTheQueen (Canada) [1883] UKPC 59, 9 App Cas 117 (15 December 1883), P.C. (on appeal from Ontario) The Citizens...
Reference HodgevTheQueen (Canada) [1883] UKPC 59, 9 App Cas 117 (15 December 1883), P.C. (on appeal from Ontario) Henrietta Muir Edwards and others vThe Attorney...
is a list of major cases decided by the Judicial Committee of the Privy Council. These include appeals from the following countries: Canada (criminal...
structure. The current monarch is King Charles III, who ascended the throne on 8 September 2022, upon the death of his mother, Queen Elizabeth II. The monarch...
and the media; father or mother have been used for innovators, and royal titles such as king and queen for dominant figures in a field. In the 1930s...
Queen Mab is a fairy referred to in William Shakespeare's play Romeo and Juliet, where "she is the fairies' midwife". Later, she appears in other poetry...
member of the Dutch royal house who reigned as Queen of the Netherlands from 1980 until her abdication in 2013. Beatrix was born during the reign of her...
her role as Gloria Hodge on Desperate Housewives (2006–2007). Carter made her professional stage debut in a Memphis production of the musical Carousel in...
Arthur William Hodge (c. 1763 – 8 May 1811) was a Tortolan-born planter, serial killer and politician who was executed by hanging in 1811 for the crime of murdering...
The American television series The Love Boat (Love Boat in its final season), set on a cruise ship, was aired on ABC from September 24, 1977, until May...
with Duke Ellington's big band. He played lead alto in the saxophone section for many years. Hodges was also featured on soprano saxophone, but refused to...
of the Ecclesiastical Household of Scotland: Lord High Commissioner to the General Assembly of the Church of Scotland – Patrick Hodge, Lord Hodge Bishop...
Operation Queen was an American operation during World War II on the Western Front at the German Siegfried Line. The operation was aimed against the Rur River...
Beryl Hodge, the wife of Alan Hodge, his collaborator on The Long Week-End (1940) and The Reader Over Your Shoulder (1943; republished in 1947 as The Use...
objects. It was founded in 1852 and named after Queen Victoria and Prince Albert. TheV&A is located in the Royal Borough of Kensington and Chelsea, in an...
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