POLI 201 Lecture Notes - Lecture 12: Unitary State, Canadian Federalism, Responsible Government

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Published on 25 Nov 2017
Course
Confederation 1867
- Nova Scotia gets a responsible government in 1848
- When the British colonies together, the Dominion of Canada is formed and granted responsible
government
- However, there is a need for a different constitution, it divide powers into different orders
government, this is known as federalism
- Unitary government advocates for one sovereign governing body such as a parliament, e.g. New
Zealand and Japan
- Federalism, divides power of the state between the different orders of government (Federal and
provincial)
- Need a written constitution for federalism to work well
- Legislation enacted in provincial law, however, it can be judicially reviewed by judges
Canadian Federalism in Context
- Federalism is not viewed lightly since they believed in it caused American Civil War and all the
deaths in other American wars
- It is believed that it divided the Americans
- The Canadian Founders desired a unitary government
A Charter of Rights
- P. Trudeau patriates the constitution
- This allos Caada to aed their costitutio ithout the Cro’s approal
- It also adds a bill of negative rights
- They are part of highest law, all other laws must be consistent with these rights
- In other words, certain rights are dictated by higher laws
- These rights are justiciable
Recap
- Rise of Constitutions, the British impose their constitutions on others
- The Canadian Constitution
- The Unwritten Constitution and Written Constitutions (Federalism)
Legislatures and
- Functions of Legislatures
- 4 types of typologies of legislatures
- Governing, separation of powers
- Fusion of powers (responsible government)
- Legislators- Who are they and what do they do?
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