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Macro level institutional politics
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Formal amendments (by the book)
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Micro level institutional politics
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Interpretation (small, less noticeable changes)
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Constitution
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Rules that spell out the structure and fundamental principles of the political regime
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4 Constitutional Functions
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1. Establishes authority
2. Divides Power
3. Defines Limits on Government
4. Revision process for constitution
2. Divides Power
3. Defines Limits on Government
4. Revision process for constitution
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Convention
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Politically enforced rules
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law
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Legal rules enforced by courts
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Constitutional Rules
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1. Conventions
2. Organic statutes
3. Entrenched Constitutional Law
4. Unwritten constitutional principle
2. Organic statutes
3. Entrenched Constitutional Law
4. Unwritten constitutional principle
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Constitutional Convention
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Imlplicit agreement. If a rule is broken, enforced politically by the "court of public opinion"
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Organic Statute
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An act of by the authoritative legislative body to define specific constitutional rules
- having a written rule helps them take hold, also can be taken to court
- having a written rule helps them take hold, also can be taken to court
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Constitutional Laws (Entrenched Constitutional Act)
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A bigger organic statute. Same concept but an ECA has a wider scope. It provides a foundation for the entire regime, from the will of the people
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Unwritten Constitutional Principle
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Constitutional rules or limits implicit within the text or structure of the written constitution. (Revealed through interpretation)
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Amending formula: General Formula
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7/50 rule: Parliament + 2/3 of the provinces that together equal half of the Canadian population
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Amending formula: Unanimous Consent (s. 41)
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Issues concerning:
- the crown
- provinces MPs not less than senators
-use of English/french
-composition of the SCC
-Amendment to amending formula
- the crown
- provinces MPs not less than senators
-use of English/french
-composition of the SCC
-Amendment to amending formula
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Amending formula: provinces only
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Provincial legislature + parliament
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Amending formula: Parliament only
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Executive government of Canada
senate
House of Commons
senate
House of Commons
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Amending formula: Provincial Constitutions
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Provinces only