POL214Y1 Lecture Notes - Lecture 2: Constitutionalism
25 Feb 2014
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Lecture 2: big c constitution, small c constitution. Big c constitution (formal written text of the constitution; the law of the constitution) Big c includes the small c constitution, which is made up of some regular laws (eg. the canadian parliament expanded the number of seats in the house of common amendment to the constitution of canada) Orders in council (the cabinet) something that the parliament doesn"t pass but the cabinet does pass. Judicial decisions (what the court says) decision can change over time. Custom, usage, and convention (custom and usage are rules that are generally followed but not obligatory, while convention is obligatory) The prime minister asked the governor in general for the prorogation (no prorogation has ever been denied by the governor in general) The old custom of a prorogation doesn"t apply anymore. **a custom can change, while the convention cannot*: the scc (supreme court of canada) on the constitution.
