POL214Y1 Lecture Notes - Lecture 2: 2013 Constitution Of Fiji, Charlottetown Accord
10 Oct 2013
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Constitution and constitutional change : big c constitution, small c constitution, the ssc on the constitution (supreme court of canada, competing constitutional visions, constitutional amendment, convention (pre 1982, law (post 1982) In canada: canadian government can ask for an opinion from the supreme court. Ultimate sanction of the government: can be done through election by the people. Formal texts of the constitution: the law of the constitution. Order in council ( the cabinet passes it) Custom (rules, but not obligatory: ex. Prorogation, normally occurs after all legislature is passed: no request for prorogation has ever been denied, 2008, harper asked for prorogation without passing legislature, thus, the custom (old) of prorogation changed/ended. The custom was not obligatory: no governor general had ever asked for prorogation like that before, so she couldn"t have said no, but, the governor general has the power to fire the p.
