The Constitution POLS 2300

Constitution

The fundamental rules by which a country is governed, outlining state power and the relationship between branches of government, levels of government, and the state and its citizens.

State institutions

Institutions that are related to the constitution and derive their authority from constitutional documents.

Political institutions

Institutions that structure democratic expression within states, such as political parties and media.

Written constitution

Fundamental laws that are written down in one or more constitutional documents, taking precedence over other laws.

Unwritten constitution

Principles of the constitution that consist of customs, conventions, and statutes, not contained in a single document.

Canadian Constitution

The components of the Canadian constitution include the Constitution Act, 1867 (formerly the BNA Act) and the Constitution Act, 1982, which includes the Charter of Rights and Freedoms.

Entrenched constitution

The parts of the constitution that are written down and can only be changed by the use of the amending formula, requiring the agreement of 13 legislatures.

Nonentrenched constitution

Parts of the constitution that can be changed by a simple majority vote, including acts of a constitutional nature, judicial decisions, and conventions.

Judicial review

The authority of the courts to invalidate laws that they deem to be in violation of the constitution, ensuring adherence to the constitutional order.

Conventions

Unwritten rules based on custom that bind political actors to adhere to the tradition of the constitutional order, not legally enforceable by the courts.

Constitutional change

The process of amending or updating the constitution, which can be done through amendments by the British Parliament, statutes/orders in council, judicial decisions, or the amending formula.

Amending formula

The formal process for changing a written constitution, including provisions for unanimous provincial consent, consent of two provinces, or a substantial degree of provincial consent.

Meech Lake Accord

An agreement proposed in 1987 that aimed to address the demands of Quebec in constitutional negotiations. It provincialized all but the concept of a distinct society. However, it failed to be ratified in 1990 due to opposition from Manitoba and Newfoundland.

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Charlottetown Accord

A constitutional agreement proposed in 1992 by Brian Mulroney. It included provisions for Indigenous self-governance and the creation of an equal, elected, and effective Senate. However, it was defeated in a nationwide referendum.

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Differences Between Accords

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Meech Lake Accord focused on Quebec, while Charlottetown Accord included more actors, such as the West and Indigenous people.

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Meech Lake Accord involved executive federalism, while Charlottetown Accord involved multilateral negotiations with Indigenous leaders.

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Meech Lake Accord had minimal public involvement, while Charlottetown Accord had substantial public involvement through the Spicer Commission and a referendum.

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Constitutional Amendments Act

A 1996 act of Parliament that sets out the combination of provinces and regions whose support is needed before proposed constitutional changes can be presented to Parliament. It replaced the 7-50 rule and attempted to fix the 750 rule, giving a de facto veto back to Quebec.

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Canadian Constitution - Amending Formulas

The Canadian Constitution has five entrenched amending formulas, which determine the process for making changes to the Constitution. These formulas involve various combinations of provinces and regions, including Ontario, Quebec, British Columbia, Atlantic provinces, and Prairie provinces.

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