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Lec 2: Constitution and Constitutional Change point form

3 Pages

Political Science
Course Code
Victoria Wohl

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Course ID: 2502532
Password: canada
In Canada, you can be in the cabinet without being elected. It's a custom.
You can be elected to parliament as a cabinet minister and not be a regional elective. If you run for a
house of commons position and lose, you must consequently resign your position as a cabinet
Responsible gov (1848)
With the seperation of provinces and their own governments, and the federal
government, the ppl had to answer to both govs
Parliamentary supremacy
Does not mean the fed powers are any less
Constitutional supremacy (everyone is included)
Federalism (1867)
The charter lays out the rights and orders the fed principle
Charter (1982)
3 pillars of the constitution
What is a constitution?
Act of 1867 -British North American Act
Act of 1982 -addition of Charter of Rights
Incorporation of PEI and conditions thereof
Order in counsel (referring to the cabinet) -issues have the force of law even if they
are not debated in parliament if they are decided by the cabinet or such
And any other acts part of the constitution
Is the supreme court of Canada a part of the constitution?
To change the big C constitution
Big C are formal texts -written down
Some orders in counsel
Some rules of parliament
Judicial decisions become a part of the constitution because they become law
as precedences
Judicial decisions about the constitution
If a party wins majority, its leader should be called upon to lead parliament
and become PM
The consequences of violating some conventions are political, not
legally constitutional
Ensure that the legal sanctions of the const. are in accordance with the
time's moral and social values.
Supreme court of canada says constitutional conventions
Constitutional conventions
There are also customs like pairing (when a member of parliament cannot make it
to a vote, he finds someone who will be voting the other way and neither vote so
that the non-votes cancel themselves out)
All constitutional rules (unwritten or understood)
Small c constitution
Big "C" vs. Small "c" constitution
Lec 2: the constitution and constitutional change
2:11 PM
POL214 Page 1

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Lec2: the constitutionand constitutionalchange September-21-10 2:11PM Turnitin: CourseID:2502532 Password:canada InCanada,youcan beinthecabinetwithoutbeingelected.Itsacustom. Youcan beelectedtoparliamentasacabinetministerandnotbearegionalelective.Ifyourunfora houseofcommonspositionandlose,youmustconsequentlyresignyourpositionasacabinet member. { 3pillarsoftheconstitution Responsiblegov(1848) Federalism(1867) Withtheseperationofprovincesandtheirowngovernments,andthefederal government,thepplhadtoanswertobothgovs Parliamentarysupremacy Bifurcatedparl.Supremacy(divided-levelsofgov) Constitutionalsupremacy(everyoneisincluded) Doesnotmeanthefedpowersareany less Charter(1982) Thecharterlaysout therightsand ordersthefedprinciple { Whatisa constitution? { BigCvs. Smallc constitution BigC areformaltexts-writtendown Actof1867 - BritishNorthAmericanAct Actof1982 - additionofCharterofRights Andanyotheracts part of theconstitution Orderincounsel(referringtothecabinet) -issueshavetheforceoflawevenifthey arenotdebatedinparliamentiftheyaredecidedbythecabinetorsuch
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