LWSO 203 Lecture Notes - Pith, Charlottetown Accord, Meech Lake Accord

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Constitutional Law
1) Constitution – Intro
a) Defined: a comprehensive set of rules and principles capable of providing a
exhaustive framework for the system of government (SCC)
b) Establishes the structure of the government and that government legitimacy is
based in the democratic process
c) Allocates legislative authority between the two levels of government
d) Establishes legal limits on government authority and action in relation to the
individual
e) Fundamental principles
i) Monarchy
ii) Federal
iii) Democratic
iv) Parliamentary supremacy vs constitutional supremacy
v) Rule of law
2) Unwritten Aspects of the Constitution
a) Defined: Principles of government that are fundamental to our society but which
are not necessarily written down in a legal document
b) Three main sources:
i) Preamble to CA 1867
ii) Judicial interpretations of constitutional documents and principles
iii) Conventions
c) Quasi-constitutional documents
3) Written Aspects of the Constitution
a) Over 25 written constitutional statutes/acts
b) 2 main:
i) Constitution Act 1867 – formerly the British North America Act
ii) Constitution Act 1982 including the Canadian Charter of Rights and
Freedoms
4) Constitution Act 1867
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Document Summary

Constitutional law: constitution intro a) b) c) d) e) Defined: a comprehensive set of rules and principles capable of providing a exhaustive framework for the system of government (scc) Establishes the structure of the government and that government legitimacy is based in the democratic process. Allocates legislative authority between the two levels of government. Establishes legal limits on government authority and action in relation to the individual. Fundamental principles: monarchy, federal, democratic, parliamentary supremacy vs constitutional supremacy, rule of law, unwritten aspects of the constitution a) b) Defined: principles of government that are fundamental to our society but which are not necessarily written down in a legal document. Three main sources: preamble to ca 1867, judicial interpretations of constitutional documents and principles, conventions c) Quasi-constitutional documents: written aspects of the constitution a) b) 2 main: constitution act 1867 formerly the british north america act, constitution act 1982 including the canadian charter of rights and, constitution act 1867.

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