POLS 3135 Lecture 1: Lecture One- Souces of the Can Consitution Fall 2020
Document Summary
Lecture one: sources of constitutional law in canada. Objective of lecture: review the historical context (and significance) of. Discussion: the functional of a constitution: beyond conferring legislative power and jurisdiction (legally establishing the machinery of government and the extent of government power,) a constitution promotes the rule of law and some semblance of national identity. Question: how does a constitution promote the rule of law in a liberal-democracy: constitutional democracy: create and confer power, delineate power of jurisdiction. Provides guarantee of stability: beware of specific words that does not exist: our constitution does not explicitly divide power. It confers power, and create heads of power. Provincial government are not supposed to be antagonistic against federal government: common law: provide clarity, reduce ambiguity, rule of law: 1. When power is conferred, it is also limited. Power is distributed that avoids concentration of power 2. People and government subject themselves to the law and the law is above all 3.
