LAWS 1000 Study Guide - Canadian Federalism, Fetus, Punitive Damages
Document Summary
Landmark case in regards to the constitution of canada. Majority of quebec residents wanted to separate from the rest of canada. Legal response to underlying political, cultural realities existing from confederation to today. Facilities pursuit of collective goals of cultural and linguistic minorities forming a provincial minority. Guarantees representation of each province with parliament. Often understood as being a political system of majority rule. Becomes more complex when considered in relation to other constitutional principles. Must be flexible enough to consider and acknowledge dissenting voices, cultural and group identities. Requires that all government action complies with the constitution. Bears similarity to the rule of law. Provides that the constitution of canada is the supreme law of canada. Requires that all government action comply with the law. Safeguards a predictable and ordered society in which citizens and residents can conduct their affairs. Prominent concern for courts and government, particularly in the post-charter era. Essential consideration in the design of constitutional structure.
