POLI 1F90 Lecture Notes - Constitution Act, 1982, Parliamentary Sovereignty, Responsible Government
19 Nov 2013
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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. The constitution act, 1867 (formerly the bna act) A constitution similar in principle to that of the uk . Not a constitution from scratch as in the usa. Finland has unicameral legislature, only 2/3s needed for constitutional change. Australia and france require referendum as well as legislative support. 2/3 of congress plus of states. (president was not involved) The search for amending formulae (dyck p. 182-3) Lesage government of quebec refused unless granted more powers. Other provinces took similar view in 70s. Trudeau linked repatriation of ca 1867 with a bill of rights . With ontario and nb he declared he would press on unilaterally (alone) Other provinces opposed and threatened to seek a court ruling. Government can repatriate but must have support of substantial number of provinces.
