- Home
- Books and Journals
- Irwin Law: Constitutional Law (Fourth Edition)
- Part Three - Constitutional Change
- Chapter 6 - Constitutional Change Since 1982
B. Legislative versus Executive Amendment
Author | Patrick J. Monahan - Byron Shaw |
Pages | 193-197 |
Page 193
Before 1982, the only legislative bodies involved in the process of securing amendments to the BNA Act were the Parliaments of Canada and Westminster. While there was a constitutional convention requiring provincial consent, this consent was provided by provincial governments rather than legislatures. For example, the only provincial legislature that approved the constitutional agreement of 5 November 1981, was Alberta, on 10 November. Later in the month, Prime Minister Trudeau and the premiers agreed to make certain changes in the proposed constitutional reform package designed to win the support of the province of Quebec, as well as organizations representing women and Aboriginal peoples. However, these changes were negotiated and agreed to by the respective governments and, aside from the National Assembly in Quebec,7no provincial legislature voted on the proposed modifications.
Critics of this process argued that it was insufficiently democratic, since it did not provide a guarantee that constitutional amendments would be debated by provincial legislatures. On the other hand, the process prior to the 1982 amendments did provide some opportunity for public debate, since any request for a constitutional amendment required a resolution passed by the Senate and the House of Commons. This process was also extremely flexible and enabled governments to make changes to a proposed amendment while the amendment was proceeding through the legislative approval process. This flexibility was demonstrated by the manner in which governments were able to effect modifications to the constitutional resolution following the original 5 November 1981 constitutional agreement. Since there was only
Page 194
a single legislative resolution embodying the proposed amendment (the joint Senate-House of Commons resolution), it was a straightforward matter to amend the resolution to reflect any modifications that were acceptable to the various governments involved.
The enactment of Part V effected a fundamental shift from executives to legislatures in the constitutional amendment process. Henceforth, provincial approval of constitutional change required legislative resolutions as opposed to agreement by the executive. The significance of this change was not debated extensively at the time, although it was widely accepted as a greater opportunity for public debate and input into the process of constitutional change. Ironically, however, one could argue that the need to have constitutional amendments enacted by provincial legislatures has indirectly reduced the flexibility which governments may require in order to accommodate public concerns in the amendment process. Part V requires each participating legislature to adopt an identically worded constitutional amendment before the amendment can become law. But Part V does not contemplate a mechanism for the debate and accommodation of the concerns identified in the different legislatures. Instead, each legislature considers any...
To continue reading
Request your trial- Part Three - Constitutional change
- Chapter 6 - Constitutional change since 1982
- A. Amendments to the Constitution of Canada
- B. Legislative versus Executive Amendment
- C. The Role of Referendums
- D. The General Amending Formula: Section 38
- E. Application of General Procedure in Special Cases
- F. Unanimity Procedures
- G. The Special Arrangements Procedure
- H. Unilateral Federal Procedure
- I. Unilateral Provincial Procedure
- J. Senate Approval
- K. Regional Veto Legislation
- L. The Meech Lake Accord
- M. The Charlottetown Accord
- N. The 1995 Quebec Referendum and its Aftermath
- O. The Quebec Secession Reference
- P. The Clarity Act
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.