4 Constitutional Engineering.doc

36 views1 pages
15 Apr 2012

For unlimited access to Class Notes, a Class+ subscription is required.

Constitutional engineering seeks to solve the problems of a federal system of
government through the establishment or alteration of constitutional structures.
Formation of the BNA Act:
- problems prior to 1867; Union Act of 1840; trade; American expansionism
- consultation between colonies through direct conferences
- preference for a legislative union; federation with centralistic
characteristics (residual powers, lieutenant-governors, disallowance and
reservation, declaratory power)
Constitution of Canada, as set out in the BNA Act / Constitution Act of 1867
- 5 fundamentals of the Confederation settlement: 1) division of powers 2)
division of financial resources 3) federal controls on provinces
4) provincial representation in federal institutions (intrastate federalism)
5) cultural guarantees
- enumerated (sections 91 and 92), concurrent and residual powers
- education, treaty powers, language rights
Amendments to the BNA Act – pre-1982
No amending clause included in the Act. Until 1982, amendments approved by
the British Parliament.
- natural resources, Statute of Westminster, unemployment insurance, Old
Age pensions
- conventions of constitutional amendments
Judicial Review of the Constitution
- Peace, order and good government; trade and commerce; treaty powers
vs property and civil rights
- Judicial Committee of the Privy Council (JCPC)
- Supreme Court of Canada
Quiet Revolution and separatism in Quebec, bilingualism and biculturalism, FLQ,
War Measures Act, sovereignty-association, referendums in 1980 and 1995
1982 Amendments
Canada Act or Constitution Act, 1982 included:
- patriation of the constitution
- Charter of Rights and Freedoms;
- guarantee of Aboriginal and treaty rights
- commitment to elimination of regional economic disparities (equalization)
- amending formula for the constitution, 5 categories of amendments
(including Section 38 amendments)
- guarantee of provincial control of natural resources.
Meech Lake and the Charlottetown Accord referendum as follow up.
Unlock document

This preview shows half of the first page of the document.
Unlock all 1 pages and 3 million more documents.

Already have an account? Log in

Get access

$10 USD/m
Billed $120 USD annually
Homework Help
Class Notes
Textbook Notes
40 Verified Answers
Study Guides
1 Booster Class
$8 USD/m
Billed $96 USD annually
Homework Help
Class Notes
Textbook Notes
30 Verified Answers
Study Guides
1 Booster Class