Canadas constitution.pptx - Canadau2019s Constitution...

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Canada’s ConstitutionSeptember 26, 2019
Periods in development of constitutional principlesPre-confederationBritish North America Act, 1867 (now Constitution Act, 1867)Constitution Act, 1982Since 1982
Pre-confederationCommitments by Britain that continue to affect relationships between Indigenous, French and English-speaking populationsRoyal Proclamation, 1763Quebec Act, 1774Constitution Act, 1791Act of Union, 1841Rebellions 1837: constitution similar in principle to that of the UKResponsible government: 1840s – 1848 in united province of Canada
British North America Act, 1867Now called the Constitution Act, 1867
Parliamentary governmentPreamble to BNA Act, 1867: “a constitution similar in principle to that of the United Kingdom”“unwritten constitution”Relationships among Executive and legislature governed by constitutional conventions
“unwritten constitution”Unwritten = not authoritatively codifiedInfluence of the United KingdomUK does not (yet) have a written constitution
Examples of unwritten constitutionPrinciple of parliamentary sovereigntySupreme power resides with ParliamentContrasts with principle of popular sovereigntyPrinciple of responsible government
Principle of Parliamentary sovereigntyAlso called Parliamentary supremacy or legislative supremacySovereignty lies with Parliament Crown only acts on advice of ministers responsible to the elected House of Commons
Traditional definition of Parliamentary Sovereignty
A.V. Dicey, 1885
Parliamentary sovereignty implicationsNo Parliament may bind future ParliamentsAll laws subject to be repealed or amended by a future Parliament“Manner and form” provisions.Laws passed by Parliament are beyond review by the CourtsReferenda are advisory unless legislature specifically binds itself
Distinction between Government & ParliamentIt is Parliament, not Government that is supreme

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