To say that a constitution is based upon the principle of the separation of powers is a pithy description of how the constitution works. But different constitutions apply this principle in their own ways and a court can concern itself only with the actual constitution and not with what it thinks might have been an ideal one.

Lord Hoffmann, Boyce & Joseph v. the Queen, JCPC Bdos.

Residual power vs. Specified spheres

Canadian vs. American

Powers exercised by Mayor (see NYC city Charter)

Continuity becomes significant

Council brought in primarily through budget process

Canadian Cities Don’t

132.The powers of the City shall be exercised by city council. 2006, c.11, Sched. (1).

152.(1)The Lieutenant Governor in Council may make regulations,