PSCI 2003 Lecture Notes - Lecture 3: John Locke, Long Knives, Patriation
12 Jul 2016
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Document Summary
The search for canada to rewrite its constitution. The underlying rules of a political system. The united states has a defined, written constitution. The united kingdom on the other hand, has no single written constitutional document. Canada, has a few written constitutional documents, but also a few unwritten. Burke = gradual and evolutionary, is flexible and reflects the views of a changing society. Locke = fixed, a written agreement contract, very solid. Canada is a mixture between the two. Problem is that canada never put in an amending formula into their documents. The british north america act was created by the british parliament and therefore can only be amended by the same body. Gradual legal equality with britain (1926 & 1931) In 1964 there was debate over creating the cpp. Problem was pensions were always provincial laws. They wanted the cpp to be federal however. They made an amendment to the british north america act in order to fix it.
