Module 6: Constitutions and Governing Systems | May 25-27

Constitutionalism

The belief that the constitution is the most important document in nation, and the constitution should be supported and promoted.

Rights

socially acceptable, morally correct, and just privileges granted to members of a political community

Negative Rights

The right to be free from something (such as prejudice)

Positive Rights

The right to have something (such as housing or food)

Federalism

form of governance that divides powers between the central government and regional governments; often, particular roles and capacities are given to the regional governments

Unitary System (utilitarianism)

branch of political thought that states that the worth of a particular action is determined by its contribution to overall utility, meaning the balance of happiness and unhappiness in society

Confederal System (confederalism)

political system of divided powers where added power is given to the non-central governments and limited authority and power is conferred to the central government

Judicial Committee of the British Privy Council (JCPC)

Until 1949, the highest court in Canada. It was a British court for the Empire.

Polk – The Politics of Patriation: The Canada Act of 1982

Summary

Polk analyzes the patriation of the Canadian Constitution in 1982. The article examines the political negotiations between federal and provincial governments and the significance of bringing constitutional authority from Britain to Canada.

Polk – The Politics of Patriation: The Canada Act of 1982 Main Argument

Patriation was a major achievement in Canadian sovereignty but was shaped by intense political conflict and negotiation.

What is patriation?

Bringing Canada's Constitution under full Canadian control.

When was the Constitution patriated?

1982.

What was included in the Constitution Act, 1982?

The Canadian Charter of Rights and Freedoms.

Why was patriation politically controversial?

Federal and provincial governments disagreed about constitutional authority.

Why is patriation important?

It completed Canada's constitutional independence from Britain.