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Lecture

Political Science T1 L8 Constitutions and Amending Formulas.docx

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Department
Political Science
Course
POLI 1F90
Professor
Paul Hamilton
Semester
Fall

Description
Our Constitution - Blend of American and British - A blend because it has judicial supremacy (like US) and parliamentary supremacy (Section 33) “notwithstanding clause” - Section 52 (1) of CA 1982 declares that constitution is supreme law of land Two Primary Documents - The Constitution Act, 1867 (formerly the BNA Act) - Constitution Act, 1982 - PLUS: Constitutional conventions: responsible government Preamble - “a constitution similar in Principle to that of the UK” - Established Monarch as head of state CA 1982: Main Elements BNA Act - Executive Powers - Legislative Powers - Provincial Constitutions - Federal division of power - Judicial powers CA 1982 - Charter of rights - Equalization payments - Amending formula - Definition of Constitution - Language rights 1867 - Union of colonies becomes “Dominion” - Canadians are subjects - Judicial Committee of the Privy Council - UK controls constitution. No amending formula - Not a constitution from scratch as in the USA Section 91 and 92 Section 91 (Federal) - postal service - EI - Census - Defence - Banks - Criminal law Section 92 (Provincial) - Forests - Health/Hospitals - Municipalities - Education - Natural resources - Licensing (Taverns etc) Amending Formula - Sometimes easy - Finland has unicameral legislature, only 2/3s needed for constitutional change - Australia and France require referendum as well as legislative support USA - 1781 Bill of Rights - 1789-1992 (17 more) - How? 2/3 of
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