What are legislative rights?

Answer 1

I am not sure if this applies to other jurisdictions, but does apply to Canada.

Generally, legislative rights are the states right to pass legislation.

Legislative Rights: Not always clearly defined, but generally accepted as the rights that the Canadian Parliament and provincial legislatures can exercise over all aspects of Canadian Law. Generally accepted as part of "Legislative Rights" include the following: Pre Charter Legislative Rights s. 18 of the Constitution Act, 1867. This section reads as follows: "Privileges, etc., of Houses 18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof." In simplified language, this basically is a provision that binds Parliament and the provincial legislatures to any laws that are enacted by either. In doing so, the provinces are bound by federal law that falls under s. 91 (and must sometimes prove an area of law falls within s. 92). Conversely, the Government of Canada is bound to any law that falls under s. 92 (as a matter of "local or provincial" concern). Both Parliament and the provincial legislatures and their members are bound by their own laws, and are not above any laws. Sections 53 through 57 deal with "Money Votes, Royal Assent". Money votes must gain royal assent before any disbursement of funds can occur. (In the context of citizen's rights, this is typically not a concern; I have listed it for thoroughness of legislative rights.) Section 91 and 92 of the Constitution Act, 1867. The division of powers between the Federal and provincial levels of government. Post Charter Legislative Rights: Section 1 of the CCRF. While not intended to be a "legislative right", it can be argued that the courts have been given this power to balance the rights of the citizen with legislative rights of the government. Section 33 of the CCRF. The "Notwithstanding Clause" of the CCRF was added to the Charter in order to get the provinces to sign onto the Charter package. While it has been used sparingly by the provinces, it also applies to the Federal Government of Canada, and has never been used by the Federal Parliament. Commentators have suggested that s.1 of the CCRF has been sufficient to empower the government to enact any law that curbs the rights of the citizen that are deemed by the courts to be "demonstrably justifiable." While I am sure this is not exhaustive, it is a good basic starting point to answer the question.