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Law

The Role of Constitutional Courts in Arbitrating Federal–Provincial Jurisdictional Disputes

Quick fact

In many federations, the constitutional court's ruling on a jurisdictional dispute is final and binding on both levels of government, effectively serving as the referee of the entire federal system. For instance, in Canada, the Supreme Court's decision on the constitutionality of the federal carbon pricing law in 2021 confirmed that the federal government could set minimum national standards, even while provinces have the primary authority over natural resources.

Why this is interesting

When a province passes a law that the federal government says oversteps its authority, who decides who is right? In a federation, this question falls to a powerful but often overlooked guardian: the constitutional court.