Despite agreement about the ongoing importance of the inquiries into validity and paramountcy
, there has been, and continues to be, dispute about the most appropriate ways of conducting them.
the idea of the paramountcy
being located at Bongo.
Interjurisdictional immunity and paramountcy
are part of "the framework of principles of Canadian federalism aimed at reconciling federal values with the reality that laws enacted by one level of government will inevitably have an impact on matters within the jurisdiction of the other level of government." (69) As exceptions to the fundamental principle of pith and substance (which permits "the co-existence of laws of the two levels of government in the same field" (70) ), these doctrines prioritize federal legislation over provincial laws and therefore have the potential to shift the constitutional division of powers in favour of the federal Parliament.
Pakistan's Foreign Secretary, Ikramullah, also noted that the difference of status was only material before August 15, 1947 and said: 'During his last visit the Khan was told quite clearly that the fact of independence was immaterial because according to our interpretation all states became independent and sovereign on the lapse of Paramountcy
. Therefore, even if there was a difference in the position of Kalat in the pre-partition days...
The rise of the democratic principle in the 17th and 18th centuries seemed, though, to accentuate greatly the apparent tension between the paramountcy
of statute, and the systematic evolution of the common law and of the civil law.
Similarly, Lee deserves much praises for her ability to use the oral history interviews that she has conducted to not only add details to but also weave a complicated narrative of the rise and fall of Kaitong Lo Blia Yao, the rise of Blia Yao's secretary, Ly Foung, and especially the acrimonious competition between Blia Yao's son, Lo Fay Dang, and Ly Foung's son, Touby Lyfoung, for paramountcy
from the Japanese occupation of Indochina during World War II to the Secret War in Laos in the 1960s.
Finally, one last potential source of encroachment on the principle of negative autonomy can be found in the general federal paramountcy
rule (and the specific provincial paramountcy
rule applicable to old age pensions legislation).
It was the English version that gained paramountcy
in the intervening years, with the Crown choosing to make Te Tiriti and He Whakaputanga virtually invisible.
Jinnah clearly expressed Muslim League view  on the question of Princely States on 17 June 1947 by saying "Constitutionally and legally the Indian states will be independent sovereign states on the termination of paramountcy
and they will be free to decide for themselves and adopt any course they like; it is open to them to join the Hindustan Constitutional Assembly or decide to remain independent.
As already noted, the paramountcy
of the welfare of children is a basic principle of the CRC.
The SCC decision is consistent with division of power jurisprudence, which favours a cooperative and flexible approach to federalism over the use of restrictive doctrines such as paramountcy
. (31) Indeed, even though it ruled that the Securities Act was ultra vires, the Court nevertheless encouraged the federal government to cooperate with the provinces to create a national securities regime.
Towards the end of the British Raj in India, he emphatically resisted the pressure to accede to either India or Pakistan; and after lapse of the British Paramountcy
on 15 August 1947, he became a sovereign ruler of Jammu and Kashmir State.