POL214 - Lecture 2 12/6/10 6:58 PM
Turn-it-in Course ID: 2502532
The parliament wishes to expand the House of Commons from 308 places
to 338. Quebec’s influence in Canada is shrinking, not expanding.
Parliamentary supremacy: the parliament was the constitution 1848
Federal parliament and provincial parliament – Federalism 1867 (Canada
had just as many French speaking people as English speaking)
1867 – Canada moved from Parliamentary supremacy to Bifurcated
Parliamentary Supremacy. Canada was not just a united government, it
was a divided government.
Canada had an evolution, they built a constitution where they spelt out
what provincial government was responsible for, and what the federal
government was responsible for – Constitutional Supremacy (this includes
the Charter of Rights)
Charter of Rights – limits parliamentary supremacy but doesn’t
completely eclipse it. Parliament is able to change its own rules.
Provincial government – property and civil rights (laid out by the charter).
Big “C” vs. small “c” constitutions
Constitution (big “C”):
" The big “C” Constitution refers to the formal texts of the
constitution: the 2 important texts are the Constitution Act of 1867
and the Constitution Act of 1982.
" There are some orders that weren’t even passed by the Canadian
parliament, but are still included in the Constitution (as long as
these orders are passed by the federal cabinet, they are included)
" Is the supreme court of Canada a part of the Constitution of
Canada? Created the Supreme Court in 1875, some scholars believe
it is part of our Constitution. Others say that even though the
Constitution refers to the supreme court, it is not constitutionalized
Constitution (small “c”):