MAY THE PROVINCES LEGISLATE IN VIOLATION OF INTERNATIONAL LAW?

Abstract

In this article the author discusses whether or not provinces have the power to pass legislation which violates international law, focusing on the doctrine of “extra-territoriality” which suggests that the provinces do not have the power. He also examines the doctrine in relation to the federal Parliament and determines that federal legislation, even in violation of international law, cannot be questioned by domestic courts. The author then concludes by briefly examining an alternative approach to the doctrine of “extra-territoriality”, which would also deny the provinces the power of passing legislation in violation of international law.