LAWS 1000 Lecture Notes - Lecture 8: Constitutionalism
Document Summary
Reference re: secession of quebec 1998: question to the court: under the constitution of canada, is it constitutional for a province to leave canada, answer from the court: there are 5 principles of the constitution. Federalism of canada: a legal response to underlying political, cultural realities existing from confederation to today. Democracy: must be flexible enough to consider and acknowledge dissenting voices, cultural and group identities. Constitutionalism: government action must comply with constitution. Rule of law: government action must comply with law to shield us from arbitrary state action. Roncarelli v. duplessis: minority v. majority, jehovah witness v. roman catholic, supreme court found that revocation of the liquor license was not valid. He did have the right to revoke; yet he went beyond his reasonable limits. (arbitrary use of authority) Does the parliament have authority to enact this law: provinces say: this is not a criminal law; this is a regulation law for provincial powers to regulate.
