Tina NCA Con Law

Tina NCA Con Law -...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
http://thelawsofcanada.info/ccms/wp-content/constitutionallaw/ccms-files/350-f08-out-pdf . Constitutional Law I. Basic Concepts 1. Sources and Nature of Constitution a. In Canada, no single document comparable to US Constitution b. Constitution Act 1867 (British North America Act 1867): i. Established rules of federalism—allocates govn’t power between central institutions (fed Parliament) and provincial institutions (prov Legislatures) ii. CAN remained British colony—Constitution to be similar to that of UK iii. Amending procedures eventually created to operate entirely within Canada iv. Gave authority for SC to be established (1875), but did not establish itself v. Included Canadian Charter of Rights and Freedoms (bill of rights) c. Constitution Act 1982 i. no UK authority over Canada, domestic amendment formula, Charter adopted ii. changed name of BNA Act to Constitution Act 1867, defined “Constitution of Canada” d. Constitution of Canada i. defined in s. 52(2) of Constitution Act 1982: includes Canada Act 1982 and Charter of Rights ii. Supremacy clause: s. 52(1): laws of Canada are supreme iii. Entrenchment clause: s. 52(3): COC cannot be amended by ordinary legislative action, only by special amending procedures in Part V of Const. Act. 1982 e. Imperial Statutes: statutes enacted for Canada by UK Parliament in role as imperial Parliament (i.e. Const. Act 1867 and Const. Act 1982) f. Canadian Statutes: 8 statutes included in definition of COC in s. 52(2) g. Parliamentary Privilege: set of powers and privileges that are “necessary to their capacity to function as legislative bodies” i. Ex. rights of members of parliament or legislative assemblies not to testify in court proceedings while P or L are in session ii. Courts determine existence of PP h. Perogative: consists of powers and privileges accorded by CL to the Crown i. branch of CL b/c it’s decisions of courts which determine existence and extent i. Conventions: rules of constitution regarded as obligatory by officials to whom it applies i. prescribe way legal powers shall be exercised, not enforceable in courts ii. usages: govn’t practice which is ordinarily followed—may develop into convention (custom) iii. become obligatory if all relevant officials agree to adopt a certain rule of constitutional conduct iv. may be transformed into law by being enacted as statute Laws of Canada 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Case: Reference Re: Amendment of Constitution (1982) S.C.C.: the court is only bound by written law. No legal obligation to follow unwritten law; only “ought” to be followed. Case: Reference re: Succession of Quebec (1998) S.C.C .: over turned 1982 decision. Unwritten elements are the underpinning of the Constitution. Quebec can secede from Canada, but not without consultation first. 2. Amending Procedures a. General Amending Procedure: Section 38(1) 38.1 An amendment to the constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by: (a) resolution of the Senate and House of Commons; and
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/15/2011 for the course CON LAW 1 taught by Professor Nca during the Spring '10 term at Detroit Mercy.

Page1 / 31

Tina NCA Con Law -...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online