PHILOS 1B03 Lecture Notes - Parliamentary Sovereignty, Equal Protection Clause, Constitution Act, 1982
9 Feb 2014
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Document Summary
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. If gov"t loses a vote of non-confidence, and election must be held soon afterward (e. g. defeat of budget)
