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LWSO203 - Unwritten Principles of the Constitution.docx

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Law and Society
LWSO 203
Marywyatt Sindlinger

Unwritten Principles of the Constitution 1) Federalism: the result of historical relations between French and English Canada -Canada has more than 1 founding nations (French & English) -unified whole with respect for regional differences a) CA 1867 – creation of a unified state with recognition of regional interests i) Federal government structure -central gov’t who cares for federal issues ii) Provincial government structure b) Division of powers between the federal and provincial governments -we divide legislative authority between the gov’ts i) Federal powers in s. 91 of the Constitution Act 1867 (fed interest) ii) Provincial powers in s. 92 of the Constitution Act 1867 (local interests) c) Creation of House of Commons and Senate -ties together all the parts of the constitution -rep by pop parliament -senate rep by region 2) Democracy: basic processes set out in CA 1867 -Each indv has 1 vote and each vote counts equally -Reps are voted in by the people -open and public courts (ensures judges are making fair and just decisions) -freedom of expression and discussion -freedom of the press -right to interact with gov’t members -equality provisions in const. a) Procedural aspect b) Social ideal aspect: this is what an ideal society would look like; the one that best fosters human dignity, expression, equality etc. (the one we believe is best) 3) Constitutionalism and the rule of law a) Rule of Law: various definitions i) Plato: Law is the master of government and government is law’s slave -power of gov’t is not
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