LAWS 1000 Lecture Notes - Lecture 7: Patriation
Document Summary
People are constituted as canadians from elsewhere, not just legal documents (people. When we think about what it means to be canadian, we are always necessarily leaving. Established today"s constitution in 1982- constituting who we are happened in a single. Is society fundamentally different today in comparison to 30 years ago and if it is shouldn"t we. Constitutes canada as a legal entity- what brings canada as a legal entity into existence. Entrenched legislation- very dif cult to change our constitution because it is dug into our. 3 components of canadian constitutional law: british foundations (bna act 1867) Rule of law (dicey) (roncarelli v. duplessis) (1959): law must be applied equally- trans-personalized, non- arbitrary, no one is above the law. Judges must not be swayed by politics (judicial independence: security of tenure, separation of power- judges cannot be part of governments, laws are duly generated by constitutional authority. Residual powers going to the federal government: federalism.
