2. January 22 Lecture 3.doc

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Public Policy and Administration Studies
PPAS 2110
Peter Constantinou

PPAS 2110 Lecture 3 January 22, 2014 The Constitution framework - List of rules which govern the actions of any organizations - What they should be doing, what they will be doing - Nations have more complex constitutions but purpose is the same (York has a student council, constitution which stipulates that accepted rules of practise) Characteristics of good constitution - Easily understood by those to whom it applies - ( ^ however the details is interpreted differently ) - It is not ignored by those who are elected to power - It can be changed but not too easily Changing the rules - Constitution written 100 years ago cannot always meet modern needs ^ wrote constitution that it will change - Amending formulas must be written into good constitution (amending formulas used to change constitution, to create a new reality) - Amendments must meet the needs of most people National constitution - Often lengthy and complex legal documents - Great Britain has unwritten constitution (the way we have done things, some “conventions,” behaviours used) History of Canada’s constitution - Most important early Canadian constitution docs British North American Act 1867 - Colonies of Canada were united with colonies - The BNA act described union and set out the rules by which it was governed - Fathers of confederation who wrote this doc influenced by many factors ^ compared Canada to Americans - Decided that Strong Federal Union was best for Canada, but America thought differently therefore, each state has different powers - In Canada, needs to have one person to be in power to make decisions of all of Canada ^ John A. Macdonald was the first Prime Minister A Federal Union - Type of union provides for sharing of power between central government and the separate governments of individual provinces or states - 1 central government and 10 provincial governments - People wanted to ensure that people can control their resources, and continue to have unique qualities, therefore government needs the power to do so Legislative Unions - Do not divide power between central government and provincial governments Why a federal union - Closest neighbor, US, had a federal union - Canada large nation, therefore needed it - Federal Union for Canada in 1867 The BNA Act and Federal Union - Section 91 listed powers of central governments (federal government included national defense, fisheries, currency, postal system, national issues) - Section 92 listed powers of provincial governments (included, public lands, justice (own police force), municipal institutions (for provinces, all created provincial government, therefore creatures of the provinces because it should be dealt with the cities, towns not parliament), education, social services, health care – for education, social services and health care originally did not exist and now are the 3 most expensive) Residual power - In section 91, gave all the left over power not granted the provinces to the central government Struggle power - Tried to take power away from central government - Continued struggle today often a source of considerable fricti
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