PO263 Lecture Notes - Lecture 5: Patriation Reference, Patriation, Responsible Government
15 Nov 2016
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Core constitutional features: executive power within a constitutional monarchy, legislative power through responsible government, provincial power through federalism, judicial power through judicial review, citizen power through elections, limits on majority power through minority rights protections (language, religious schooling) Meech lake accord: brian mulroney and robert bourassa, quebec more power in different areas, elijah harper, all 10 provinces have to agree. Charlottetown accord: aboriginal self government, more inclusive, divisions of powers : federal, provincial, and municipal. Two new political forces : reform party (preston manning, bloc quebecois. The living tree constitutional metaphor: the bna act planted in canada a living tree capable of growth and expansion within is natural limits. The persons case : the frozen concepts reasoning runs contrary to one of the most fundamental principles of. Canadian constitutional interpretation: that our constitution is a living tree which, by way of progressive interpretation , accommodates and addresses the realities of modern life .
