SOSC 2350 Lecture Notes - Lecture 4: Constitution Act, 1982, Parliamentary Sovereignty, Judicial Activism

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Constitutional law: (cid:862)the la(cid:449) pres(cid:272)ri(cid:271)i(cid:374)g the e(cid:454)er(cid:272)ise of po(cid:449)er (cid:271)(cid:455) the orga(cid:374)s of a tate. It e(cid:454)plai(cid:374)s (cid:449)hi(cid:272)h organs can exercise legislative power, executive power, and what the limitations on what those powers are(cid:863) (cid:862)e(cid:374)tre(cid:374)(cid:272)hed la(cid:449)(cid:863) Constitutional law is entrenched legislation, meaning that it can only be changed by a specific amending, formula (only is there is agreement from the federal govt and every provincial govt) Also known before 1982 as the british north america act or bna act. Unites then-existing four provinces of bna as the dominion of canada. Sets out the basic structure of canadian govt. Divides powers between the federal and provincial levels of govt (ss, 91, 92) Canada has a federal system of govt. Before the bill of rights and the charter existed, canadian courts tried cases in which certain statutes were alleged to violate fundamental freedoms.

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