POLI 221 Lecture Notes - Lecture 3: Justiciability, Premiership Of Stephen Harper
7 Dec 2015
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Document Summary
Rule book for conduct of political life. Tho there are gaps, not all clear. Defines relationships btwn branches of gov"t+prov/nat"l levels of gov"t+citizens/gov"t much now. Note: levels implies hierarchy, used to be accurate, perhaps not so. Can const is largely silent re: role of citiz--unlike states, france, etc. , modeled after uk const. Everything implied--implied that role is similar to that of uk. Entrenched const law--difficult to change (didn"t even know how until charter) Ironically, bna was not entrenched, uk parli could change until 1982. 1982 const act, section 52--const is supreme law of land, any law in conflict w/ const is of no force. Who determines if law is in conflict? sup court. Thus court assumed a new role, guardian of const . To change=fed gov"t+7 provs representing 50% of pop. Non-entrenched const law--easier to change, but still important. Can be changed by maj in hoc/sen. Ex: not even sup court is entrenched.
