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POL337Y1 Lecture Notes - Limited Government, Responsible Government

Political Science
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Oct 2 2012
POL 337Y1 Canadian Constitution
Prof. Vuk Radmkovic
Page 1
POL 337Y1 Canadian Constitution
Lecture 4 Tuesday, Oct 2, 2012
Note: the prof’s lecture literally consists of reading off all sentences on the
slides. Those I didn’t take down in my notes. If you want the slides in the
notes too please let me know.
Sources of the Canadian Constitution
- Significance
o Case laws
o Conventions
o Can differ depending on interventions of various institutions such as
- Examples
- Historical context
o Trajectory in Canadian historical period
o Canadian inherited much of its political system from British.
o Preamble: incorporated key features
- Particular debates surrounding this
- Above 4 points are what you should expect for midterm
- As one source as a Canadian constitution
- Not typical rules contained in constitution
o i.e. If this rule is passed, the court can step in and enforce that rule.
o i.e. In this case, court cannot step in.
- Legal rules are enforced by courts
- Conventions are not enforced by courts, but enforced by politics. However,
political enforcement is so powerful that it is not even plausible to think
something like this might happen in Canada. Always reflects what people feel
in that certain time on what is desirable
- The purpose to provide rules for government. Through changes, the
conventions also change. Over time we might have particular constitutions in
particular times.
- Actors might nor like them but considered obligatory because if they break if
they break the norm or convention, the repercussion will be too tremendous.
- It is a regular legislation and once it does, it becomes enforced by force. The
constitution act can be abandoned to change the power of allowance.
- Certain practice develops. Not followed without an exception.
- Why does Canadian constitutional law has conventions?
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