For the purpose of the good functioning of Society it has been thought unwise for courts to reverse trends of decisions that have been tested by time. In practical terms, a lower court is always bound by the decision of a higher court and by its own decisions. Binding jurisprudence only exists when a majority of a Court has clearly pronounced. In the course of interpreting the Constitution of Canada, the Judicial Committee of the Privy Council and the Supreme Court of Canada have given birth to many doctrines of constitutional interpretation. Watertight compartments doctrine.
Ancillary powers are powers that are necessarily incidental.
Governments may legislate on matters that normally fall under the jurisdiction of the other level of government if such legislation is only incidental and absolutely necessary to render the legislation efficient. A.G. Can . The court felt that such legislation was necessarily incidental to the powers of the federal government to regulate railways despite the fact that it dealt with a civil rights issue that normally would be under provincial legislation. The content of these classes had to be determined by the courts. Such circumstances must be exceptional and are necessarily temporary in nature.