What are the two main grounds for judicial review?

The two main grounds for judicial review in Canadian constitutional law are primarily focused on the distribution of powers between federal and provincial jurisdictions, as well as the application of the Charter of Rights and Freedoms.

The federal distribution of powers refers to the division of authority and responsibilities between the national and provincial governments, as outlined in sections 91 and 92 of the Constitution Act, 1867. When reviewing legislation or actions taken by governments, courts will assess whether those actions fall within the appropriate jurisdiction as intended by the constitutional framework.

Charter grounds relate to the principles enshrined in the Canadian Charter of Rights and Freedoms, which protect individual rights and freedoms. Judicial review under these grounds allows courts to scrutinize whether government actions or laws infringe upon the rights guaranteed by the Charter, such as freedom of expression, right to a fair trial, and equality rights.

Together, these two grounds form the basis of many judicial review cases, establishing the parameters within which government power is exercised and ensuring that laws and actions conform to constitutional principles. The other options do not address the core foundations of judicial review in the context of constitutional law in Canada.