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POLSCI 1G06 (280)
Todd Alway (280)

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Political Science
Todd Alway

Strands on the Constitution 2132014 120 PM 1 How to change the constitution The role of the Provinces in Amending the constitutiono To change the power of the provinces go to the provinces get consent then go to England o Pierre Elliot TrudeauThreaten to do make a unilateral decision because the provinces wouldnt side with him Provinces go to the supreme court and they say there is nothing in law that prevents a unilateral change but a convention require unanimous federal and provincial supporto Constitution act 1982 establishes domestic amending formula 5 different formulas 2 are the most significant Unanimous Federal and provincial consent to change certain elements of the constitution Requires 23 of the provinces 710 having 50 of the population and the federal parliamentThe relationship between government and individual citizensThe role of Quebec in the federationo Particularity since the 1960s this has been the primary source of tension in attempts to amend the constitutionThe attempt to change everything to everyone Charlotte town accord fell after being put before a referendum 2 Canadian Charter of Rights and Freedoms Constitutions act 1867 o the welfare of the provinces and promote the interests of British empireCanadian vs American ConstitutionoIs embedded individual rights needed in the constitutions Is government regulation not enoughPre1960limited circumstance where the court could strike down legislation for individual rightso when it did get struck down was not for the individual rights but if the provincial power constitutionally to pass that law or take that action jurisdictional ruling 1903 Asians denied vote in BC19601982 Canadian Bill of Rights The first significant attempt to offer formal protection to individual rights under the scope of law o Offered very limited protectiono A regular piece of legislation that can be over turned by another piece of legislationo Only applied to actions of the federal government Act 1982 The Charter of Rights and Freedoms Strengthened the role of the courts Applies both federally and provincially Difficult to amend 2132014 120 PM Canadian Constitutions Whats the relationship between the charter and Canadian Democracyo Is it democratic to empower an appointed court to overrule the decision of an elected government But how do you define democracy Arguments against a constitutionally entrenched Bill of Rights Constitution was left to InterruptionJudicial Decisions are as political as they are legal The judiciary is appointed and therefore unaccountable The judiciary is unrepresentative of Canadian Societyo To be a judiciary board you must be a lawyer for 10 yearso Empowering people who only think in an legalistic way instead of a social wayThe institution is not equally accessible wealth plays a role in being able to access justice and influence of the court
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