Jul 21, 2017 Research papers

Notwithstanding clause / Canadian constitution

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Notwithstanding clause / Canadian constitution


Why does the charter of rights and freedom include a notwithstanding clause? And what it’s significant?

Essay outline 

1- Write a brief introduction: the intro should include. 

2- A brief definition of Canada’s constitution, and the 1982 Canada’s constitution act which include the notwithstanding clause.  Also brief definition of the clause. 6 to 12 lines .. just outline it

For example; the 1867 British north America act become Canada’s constitution and the mechanism behind the structure of the government in Canada and preserving the rights of all civilians, the constitution also ensure the destruction of power among the provinces of Canada and established the concept of federalism moving forward, the formation of the constitution and the declaration of the new constitution act of 1982 .. so u will talk about the constitution the powers given to the provinces ( federal power), the right of citizens and 1982 constitution act … for this use reding marked #1 

3- Clear thesis. 2 or 3 lines ……… remainder.. points 1,2,3 should be in ½ page of my paper

4- The body of the essay should include the debate over the clause, when and how it was invoked, what is the power it has and who can use it? 3 to 3 ½ pages use this web site for #4 use pdf reading marked #4 ↕#4 and the structure of the 3 ½ should be like this.. intro .. example Introduction what is it The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms…, Origins of Section 33, Content of Section 33, Arguments For and Against Section 33.

5- Is it democratic to have it? for this part use SONJA GROVER Lakehead University, Ontario, Canada readings 1 ½ page or less for this use pdf reading marked #5

6- Compare the notwithstanding clause to the (USA Bill of Rights) and brief comparison with The development of the supremacy of the British Parliament… for this use pdf readings marked#6 and look at this web site http://www.law.cornell.edu/wex/first_amendment

1 ½ page 

7- How significant this Clause is? The public opinion With some examples. And for this use readings marked #7 

http://sixthformlaw.info/02_cases/mod2/cases_supremacy.htm  cases in UK chose one small case 


NOTWITHSTANDING CLAUSE / CANADIAN CONSTITUTION Name: Institution: Tutor: Date: 1.0 Introduction The government system in Canada was originally outlined by the British North America Act 1867, where England’s Westminster system was combined with federalism (division of sovereignty). In the past few years, the 1867 document has often been utilized to analyze how powers are divided between the provinces and the federal government. Authority to amend the Canadian constitution was transferred from Britain by the Constitutional Act, 1982. This also led to the implementation of Canadian Charter of Rights and Freedoms. In the Canadian constitution, one of the instruments that has been subjected to heated scholarly debate is the notwithstanding clause. This clause is also referred to as “legislative override” and is part of section 33 of the Charter. It gives the legislature authority to enact laws and declare them notwithstanding certain sections of the Charter. This document critically analyzes why the notwithstanding clause is included in the charter of rights and freedoms, and its significance.[Leach, Richard H. Canadian Federalism Revisited. (Publius, Vol. 14, No. 1, Crisis and Continuity in Canadian Federalism, pp. 9-19, 1984) 9] [Snow, David. Notwithstanding the override: path dependence, section 33, and the charter. (Innovations: A Journal of Politics. Volume 8. Pp.1-15 – 2008-2009), 1] 2.0 Notwithstanding clause The reasons...

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