[Download] "Diversity Within Unity: Consitutional Amendments Under Section 43." by Canadian Parliamentary Review # eBook PDF Kindle ePub Free

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eBook details

• Title: Diversity Within Unity: Consitutional Amendments Under Section 43.
• Author : Canadian Parliamentary Review
• Release Date : January 22, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 250 KB

Description

Kathy Brock is an Associate Professor of Political Science at Wilfrid Laurier University. This is a revised and expanded version of her testimony before the Senate Standing Committee on Legal and Constitutional Affairs on June 18, 1996. Section 43 of the Constitution Act, 1982 is used for amendments affecting one or more but not all provinces. Such amendments require the consent of provincial legislature(s) affected plus consent of the House of Commons and Senate. However, if the Senate defeats the amendment it may still be adopted if it is approved a second time by the House. The recent amendment to Term 17 of the Terms of Union between Newfoundland and Canada is an example of such an amendment. This article asks a number of important questions about the internal logic of section 43; the appropriate roles of the provincial and federal governments in these amendments; the limits on the roles of the House of Commons, the Senate and the provincial legislatures; the use of referenda and hearings; and finally, the lessons to be gained from the section 43 amendments that have occurred.

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