POL224Y1- Midterm Exam Guide - Comprehensive Notes for the exam ( 20 pages long!)
11 Oct 2017
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Idea: all decisions should be made by parliament: no judicial review, no charter rights, unentrenched constitution, example: uk, constitutionalism. Idea: individuals must be protected from the state: judicial review, charter of rights, entrenched constitution, example: us. Definition: the adherence of governments to the rules written in constitution: before 1940s: few courts invalidated legislation on grounds of unconstitutionality, since 1940s: most countries have moved towards constitutionalism, two types of constitutions , codified: A higher law containing written rules relative to the formal authority of the state: uncodified: No single written document forming the constitution. In all cases, there are fundamental rules called constitutional conventions: properties of constitutions, judicial review: Allows the courts to invalidate legislation on the ground that is unconstitutional: entrenched: a constitution that has a clearly defined mechanism for amendments. The canadian constitution was entrenched and without judicial review before 1982; is now entrenched and explicitly inviting judicial review.
