POL 2101 Lecture Notes - Lecture 13: Parliamentary Sovereignty, Section 33 Of The Canadian Charter Of Rights And Freedoms, Linguistic Rights
17 Apr 2014
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Constitutional supremacy: charter of rights and freedom, notwithstanding clause, reasonable limit clause. Reminder: key distinction: parliamentary supremacy, parliament is the ultimate source of authority, in canada, we always had limited parliamentary supremacy. 1982: we moved from this to this: constitutional supremacy, constitution is the ultimate source of supremacy, entails judicial review. Whatever the governemtn desides then it must go through this: canada has made the transition from (limited) parliamentary supremacy to constitutional supremacy. Must be past by the senate and the house of commons. You need at least 2/3 of the provinces to agree which has the support of the. 50% of the provinces and the representation of the population. 10 provinces have to agree and it"s impossible to do without quebec and ontario. Third clause: the province and the government that will only affect that area. Bilateral constitutional amendment: it was done in new.
