PHILOS 1B03 Lecture Notes - Supremacy Clause, Parliamentary Sovereignty, Patriation Reference
9 Feb 2014
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A new constitution: by 1960s, widespread consensus on idea of patriating the bna act, but much provincial opposition to federal government plan to patriate, revolutionary idea, westminster model: parliamentary supremacy; no constitutional restrictions on. Parliament"s power to legislate replaced by: constitutional democracy and judicial enforcement of charter rights judicial review. Judges empowered to deny parliament"s will if legislation judged unconstitutional owing to charter violation: federal government wary of proceeding without provincial consent political costs, asks scc (supreme court canada) whether provincial consent to patriation (with new. Charter of rights) necessary: result: patriation reference. Scc ruled: unilateral patriation by federal government, not a violation of constitutional law, but a violation of constitutional convention, constitutional conventions: not legally binding but binding politically, conventions regulate many constitutional matters not government by constitutional law. 15 (1) every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrim.
