La modification et la réforme de la Constitution canadienne
Year:
2017
Author :
Volume and number:
, 47(2)
Publishing Company:
, Faculté de droit, Section de droit civil, Université d'Ottawa
Journal:
, Revue générale de droit
Pages :
, 459-517
Abstract
Constitutional reform in Canada has long been a laborious process, marked by highs and lows, by astonishing outcomes, and by lasting challenges. The procedure leading to constitutional change obviously lies at the heart of such reform, and has varied with the times. This meant that, before patriation could occur, it was necessary to refer to Britain’s Parliament for amendment of the most substantial parts of Canada’s Constitution. Since 1982, the constitutional reform process has involved five amending formulae, three of which require, to different degrees, input from both federal and provincial levels of government. Moreover, in recent years, it has become necessary to add a range of new considerations to the already demanding process, further complicating implementation. It is thus not surprising that political players and tribunals have developed para-constitutional strategies or mechanisms as substitutes for the formal constitutional reform process itself.
Following a look at the history of constitutional reform in Canada, the author examines the current judicial and political context, while highlighting the process related to the Constitution Act, 1982. He then examines elements that have indirectly complicated this process. Finally, he analyzes various factors that tend to encourage para-constitutional adaptations. In conclusion, he notes that significant constitutional reform is inconceivable without a solid political will and popular support. He also emphasizes the importance of rehabilitating the word Constitution and suggests that constitutional reform is an ideal worth preserving.
Following a look at the history of constitutional reform in Canada, the author examines the current judicial and political context, while highlighting the process related to the Constitution Act, 1982. He then examines elements that have indirectly complicated this process. Finally, he analyzes various factors that tend to encourage para-constitutional adaptations. In conclusion, he notes that significant constitutional reform is inconceivable without a solid political will and popular support. He also emphasizes the importance of rehabilitating the word Constitution and suggests that constitutional reform is an ideal worth preserving.
Theme :
BilingualismCanadaOfficial Language CommunitiesRight
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