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1000 - Class 7

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Kelly Blidook

on 18 October 2018

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Transcript of 1000 - Class 7

An uncodified constitution, established through traditional practice (convention) and statutes.

Example: The British Constitution
Posc 1000 – Intro to Political Science
Not all government activity is impartial enforcement of rules

Also much discretion - or flexibility inside framework of rules
Where necessary
In manner that discourages arbitrary decisions
Offers recourse or appeal
Supreme Court decides if Rule of Law has been violated

The enforcement of law allows us to count on security of person and property

Necessary for “free” society
Rule of Law
Unwritten: flexible - easier to change (multiple statutes)

Written: rigid - amendment is extremely difficult (single document)
Unwritten vs. Written
Much of the British Constitution consists of different statutes

The oldest is the Magna Carta (Great Charter), written before Parliament even existed

'Sovereign must rule within the law of the land'
The Magna Carta
1. Unwritten Constitution
Most important mechanism of constitutional change in Canada today.
Judicial Interpretation
4. Procedure for amending the constitution
Functions of a constitution
2. Powers of different levels of government (i.e. federal and provincial)
Functions of a constitution
A set of fundamental rules and principles by which a state is organized
Government is not controlling force of society but instrument within society

Rule of Law:
all actions, of individuals and governments, are subject to institutionalized set of rules
Three in Canadian Constitution:
1. Unanimous
All provinces, Federal Parliament (House & Senate)

2. 7/50 “General Procedure” (most changes)
2/3 of provinces with 50+% of population & Parliament

3. Bilateral (applies when only 1 province is affected)
Amending Procedures
Example: The Canadian Constitution
A combination of codified and uncodified statutes and conventions
3. Hybrid Constitution
3. Rights of citizens (among citizens and with government)
Functions of a constitution
1. Powers and responsibilities of legislative, executive and judicial branches of government
Functions of a constitution
Law is imperfect:
Civil Disobedience
Satyagraha (power of truth)
Challenging Rule of Law
Example: The United States Constitution
A systematic, deliberately designed document (codified)
2. Written Constitution
Parliament exists because of prerogative powers (not codified law).
Governor General (Canada) has prerogative powers – (i.e. can dissolve parliament)
Ability of monarch (King or Queen) to make certain decisions
Prerogative Powers
3 types of Constitutions
3 types of Constitutions
3 types of Constitutions
Full transcript