POL 4134 Lecture Notes - Lecture 4: Proportional Representation, Clarity Act, Unanimous Consent
19 Oct 2016
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Pol4134 law, politics, and the constitution in canada. General agreement formula (section 38, 40, and 42) Some provinces department (section 43) + federal government. Federal governments power/federal parliament alone (section 44) Involves the provincial representative in the senate. Proportional representative of the provinces in the house of commons. In order to amend the constitution using the general formula . Must involve parliament + 7 provinces + 50% of the population in the provinces (ignore the territories) The governor general, the left-tenant governor, the sovereign, and certain powers of the crown cannot be done away with unless there is unanimous agreement. Same formula applies to the senate reform rule: if there are 4 senators from a specific province, there must be at least 4 members of parliament. If we want to amen the amendment formula, unanimous consent is required. Has been useful in terms of changing denominational schools. Certain aspects of constitutional guarantees re: transportation fall in this category as well.
