SOSC 2350 Lecture Notes - Lecture 3: Individual And Group Rights, Parliamentary Sovereignty, Judicial Activism
23 Oct 2017
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Document Summary
Canadian constitutional history: constitutional law: is the law prescribing the exercise of power by the organs of a state. It explains which organs can exercise legislative power, executive power, and what the limitations on those powers are. Entrenched law: constitutional law is entrenched legislation, meaning that it can only be changed by a specific amending, formula (only if there is agreement from the federal government and every provincial government, every province has a veto. Peace, order and good government: to express the legitimate concerns; defines the principles that the government may legislate. What was missing: no amendment formula: the constitution act was an imperial statute and could only be changed by act of the uk parliament in westminister, no individual rights. Limited constitutional recognition for the rights of native peoples. Canadian bill of rights (1960: before the bill of rights and the charter existed, canadian courts tried cases in which certain statutes were alleged to violate fundamental freedoms.
