POLI 222 Lecture Notes - Constitutionalism
24 Jan 2013
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Not technically law but treated as is; feds asked the scc"s legal opinion. Scc can decline to answer; you may also not get the answer you want. Right under canadian constitution for a province to secede unilaterally. Right under international law for a province to secede unilaterally (no) If there is a conflict between domestic and international law, neither: federalism, democracy, constitutionalism and the rule of law; government has to stay within law. Involve with the supreme court to make a reference. = resolve legal uncertainty in the event of a future successful. How should one respond to such a close vote in the 1995 referendum? referendum. Reference: supreme court can give an advisory opinion. Supreme court secession reference (1998) (no) takes precedence. Reference sets out constitutional principles (no shit) Secession can be extra-constitutional; more important than a document. Secession can also be a constitutional amendment.
