Pith and substanceConstitutional Law

© Copyright 2013 Tolga R Yalkin

© Copyright 2013 Tolga R Yalkin

Pith & Substance

True nature and character

Leading feature

Dominant/ important character

Legislativepurpose

Effects

Legal Practical

Recap

• If the pith and substance falls within jurisdiction, the law is valid.

• If the pith and substance falls outside jurisdiction, the law is invalid.

• Pith and substance is determined by reference to legislative purpose and effects (both legal and practical).

• Both intrinsic and extrinsic evidence is admissible.

© Copyright 2013 Tolga R Yalkin

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© Copyright 2013 Tolga R Yalkin