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Chapter 5-The Constitution Part 1.docx

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Political Science
POLS 1150
Michael Szala

Chapter 5 The Constitution y Adjust to change Its a set of rules how to changedescribed as a living constitutionever changing custom usage conflict It is a number of different acts over a period of time the BNA act and the 1982 Charter of Rights and Freedoms y Stable and orderly state everyone subject to a constitutiongovernment is a servant y United Kingdom doesnt have a written constitution act y The ruled and the rulers where the constitution effectively limits the power of the Government is considered the servant the constitution effectively limits the power of the political elite y Distribution of power Autocracies vs representative institutions Normative guidelines and practical rules for governancefederal govt and provincial govt connections to the constitutionwho does whatmunicipalities are unable to change the constitution but can try to influence a higher govt y Legitimacy to leadersDescribe tasks and responsibilities guidelines can be highly precise to extremely vaguewho becomes the refereethe courts y Community and IdentityyIntellectual origins John LockeLockes Second Treatise on Government 1690 Defence and advocacy of government by consentLocke explicitly declares the legislature must rule by declared and received lawsinterpreted by known authorized judgesgovernment by consentthe citizenswho makes the rules y Specific identifiersIn the Province the Legislature may exclusively make Laws in relation to Matters8 Municipal Institutions in the ProvinceBNA Act Section 92not forming a new nationbut how to bring togetherwork together as a country y Philosophical platitudesWhereas Canada is founded upon principles that recognize the supremacy of God and the rule of lawPreamble to the Constitution Act 1982 Part Imore grand statements of the purpose of the ActCanada has a long history of conferences and accords y Federalism is characterized by two levels of governmentcentral and provincialand a division of powers between themfocused around the constitutionthere history to some things that are going on todaybeen going on for a number of yearsdifferent levels of power between govtsdifferent typeseras of federalism y Federalism and the Constitution 1shape political power 2 divides authorityallows regional and provincial levels of govt to understand issues locally better because they are more close to the issue 3 and has federal arrangementsresponsibilitiesBNA Act was a very centralized documentprovinces given healthcare and education systems y Written constitutionBritish North America Act 1867 Section 91It shall be lawful for the Queen by and with the Advice and Consent of the Senate and House of Commons to make Laws for the Peace Order and good Government of Canaday Unwritten constitution The existence of the Prime Minister and the Parliamentary Cabinet no mention in written constitution y Constitutional ConventionInherited from Britain Custom or practice Public scrutiny Recognized by courts Examples Prime MinisterCabinet dominant Governor General subordinateResponsible Government y Key Canadian Constitutional Documents include Royal Proclamation 1763 British Instructions to French Establishes the British Crowns sovereignty Aboriginal rights and freedoms yBritish North America Act 1867 Long complex negotiations French Canadiansprotection of language and culture Nova Scotiaeconomic concessions and subsidies Not intended to establish a truly independent state statue of Westministergot laws to be made through Canadian influence rather than complete control of the Britians y Form of government similar in principle to that of the United Kingdomnot written down but look to this to help guide y Enable colonial provinces to join a political unionNot highly detailed y Relies on responsible governmentkey aspect y Division of authority between the federal and provincial government
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