Canadian Constitutional Administrative Law加拿大宪法与行政法；.pptVIP

41.? The unanimity formula.? Unanimous agreement of all provincial legislatures and Parliament is required for amendments affecting: a)? the Queen, Governor General and Lieutenant-Governors b)? the Senate floor rule (no province can have fewer MPs than Senators). c)? the use of English or French in S. 133 or the Charter d)? the composition of the Supreme Court, and e)? changes to the amending formulas. ? 43.? The some but not all forumla:? Amendments which affect some but not all provinces need by approved only by the provincial legislatures affected and Parliament. 44.? Parliament may amend parts of the constitution that affect only Parliament. 45.? Legislatures may amend parts of their constitutions that affect only them. U.S.: Congress proposes amendments (2/3 of both houses) Proposals have to be ratified by ? of state legislatures, or ? of state constitutional conventions Comparison: U.S. constitution amended 17 times in 21 decades (rate .08/year) Canadian constitution amended 32 times in 13 decades (.23 to 1982, and 9 after) (rate .24/year) Canada’s constitution is more flexible Major Can. amendments: 1940: unempl ins 1951: old age pensions 1964: old age pensions broadened to include supplementary, survivors, disability (CPP) 1982: Charter and amending formulas 1983: S. 35.1: must be a constitutional conf including native peoples before native rights amended 1987-1998: 3 amendments to den school rts in Nfld 1997: den school rts Quebec 1993: equality of Fr Eng in New Brunswick Canada 1927-1982: six failed attempts to find a domestic amending formula 1971 – Victoria charter came close 1982: success achieved after SCC decision (discussed later in course) Meech Lake Charlottetown Accords (discussed later) U.S.: 6 amendments proposed by Congress but not ratified by states, including ERA (equal treatment of women in all legislation) Impact of court decisions: 1940, 1951 amendments in Canada a reaction to court decisions Civil war amendments