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Lecture 3

CRIM 135 Lecture Notes - Lecture 3: Ship Floodability, Ultra Vires, Constitutional Basis Of Taxation In Australia


Department
Criminology
Course Code
CRIM 135
Professor
Graeme Bowbrick
Lecture
3

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TOPIC #3 – THE CANADIAN CONSTITUTION
(PART 1)
I. Introduction
1. The Purpose of a Constitution
2. The Colonial Origins of Canada’s Constitution
II. Pre-1982 Constitution: The Constitution Act, 1867
1. The Preamble
(a) The Purpose of a Preamble
(b) The Implied Bill of Rights
-Specifies what a gov’t cannot do
- Rights, freedoms etc. (Charter of Rights & Freedoms)
-Implied from document, not specifically written
-Basic Democratic rights (Freedom of Expression, Freedom of Speech, Freedom of
Association etc.)
- Doctrine of Parliamentary Supremacy
-Doctrine of Responsible Gov’t – Democratically accountable gov’t,
responsible or accountable to the people. (Right to vote, requirement that election are held
etc.)
-Doctrine of The Rule of Law – We are governed by law not arbitrary
power; power is only exercised via law. (Gov’t can only do what they are
authorized by law to do,) everyone is subject to the law; no one is above the
law.
2. The Division of Legislative Powers (D.O.P.)
Legislative powers dived into 2 levels of gov’t (Federal parliament, Provincial
Legislatures)
Divided by areas: Provincial (Healthcare) Federal (Military)
(a) Introduction: The Federal System of Government
1
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