Limits to Parliamentary Supremacy

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7 Terms

1
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Amending Formula (The 7/50 Rule) : Requires 7 of 10 provinces representing this percentage of the population

50% of the population

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External Limit : The Charter's power to stop unconstitutional laws

Constitutional Limits

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Re: Senate Reference (2014) : Established that changing the Senate requires this

The Constitutional Amending Formula

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R v. Bulker (1997) Rule : Establishes that this type of law can apply outside of Canada

Federal laws

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Haida Nation v. BC (2004) Principle : Constitutional duty to consult with Indigenous peoples

Duty to Consult

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Internal Limit : A limitation that future governments can repeal (e.g., Balance Budget Act)

Self-Imposed Limitations

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Canada Assistance Plan (1991) : Limits Parliament's ability to bind this

All future governments