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Political Science

Oct 2 2012 POL 337Y1 – Canadian Constitution Prof. Vuk Radmkovic 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 government - 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 Conventions - 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? Page 1 Oct 2 2012 POL 337Y1 – Canadian Constitution Prof. Vuk Radmkovic o Has inherited British, so it has incorporated British history of political development o If you codify
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