Week 2 Reading Notes

Constitution

A set of rules that authoritatively establish both the structure and the fundamental principles of a political regime.

Functions of a Constitution

• Establish who exercises various forms of political authority

• Structure authority between national and regional governments (federalist systems)

• Define the limits of governmental power — the idea of constitutionalism implies that the constitution is supreme and the government is subordinate to it

• Create orderly means for amendment — political regimes are not static, and the document must accommodate change

Unitary Regimes

One government for the entire country (no subnational units). Ex. Britain, France.

Residual Power

It’s typical for a constitution to set out the responsibilities of one level of government and leave the power of “everything else” to another level.

Constitutional Conventions and Laws

The two basic types of rules that make up a constitutional order.

How a Rule is Enforced

The distinction between conventions and laws.

Conventions

Similar to a custom — a practice that is consistent, long-standing, often unwritten, accepted as binding by all, and sanctioned in the form of tradition.

Organic Statutes

The act of an authoritative legislative body (Parliament). Called “_____” to distinguish them from statutes that deal with non-constitutional matters.

Why Adopt Organic Statutes

Some rules are too complex and too detailed to be left to the realm of unwritten agreement. Also provide a more effective means of introducing substantial innovation to the existing constitutional order.

Constitutional Laws

• More comprehensive than organic statutes, larger codifications of a country’s constitutional rules rather than dealing with one institution

• Authority is more absolute — less easily changed or altered

• Higher status than ordinary laws (statutes) and the supreme law of the regime

Entrenchment

Political principles that are so fundamental that citizens want to ensure their government will never be able to violate them legally.

CA 1867

• Executive power

• Legislative power

• Provincial constitutions

• Federal division of power

• Judicial power

CA 1982

• Charter of Rights and Freedoms

• Aboriginal Rights

• Equalization and regional disparities

• Domestic Amending Formula

Gang of Eight

Provinces that opposed Pierre Eliot Trudeau’s unilateral constitutional initiative in court. Ruling found that it was convention that amendments that have an impact on the powers of the provinces require the support of the provinces.

Clarity Act (2000)

Establishes that the right to determine whether a “question” and a “majority” are “clear” are reserved to Parliament alone. Denounced by Quebecers as an intrusion of sovereignty.