CAST 1101H Lecture Notes - Lecture 2: Human Sexuality, Real Change, Constitutionalism

• School: Trent University
• Department: Canadian Studies
• Course: CAST 1101H
• Professor: T.Mc Coy

Document Summary

The constitution act, 1867 (originally british north american act) Includes an unwritten and written (entrenched statues) aspects. Parliamentary supremacy: based on the principles of british. Federalism: creates the federal structure that binds the provinces together into a confederation. The constitution has to follow its own rule, absolute. Constitution based on the principle of parliamentary supremacy. Like the common law, there are unwritten elements to the constitution. Encompasses the history of government and law in great britain, going back to the magna carta (1215) Political and legal heritage of the laws of britain. The political mechanism to bring canada together. Created provinces and their legislation: constitutionalism as the rule of law. The constitution is the supreme source of law and authority: protection of minorities. Originally protected linguistic and religious minorities (quebec) related to the protection from minority rule: respect for democracy/ parliamentary supremacy. The role of courts is limited to interpreting common law and narrow constitutional questions.