amending formula


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amending formula

n
(Law) (in Canada)a specified process or procedure by which a constitution may be amended
References in periodicals archive ?
For its part, the government of Quebec wanted a minimalist package with patriation and possibly an amending formula.
This latter formula, called the general amending formula, is the most commonly relied-upon procedure.
The constitutional amending formula is set out in Part V of the Constitution Act, 1982.
Not until patriation and the passage of the Canada Act, 1982 by the UK Parliament was the amending formula brought home fully to Canada, and codified in detail in the Constitution Act, 1982.
Yet the Court held that such changes are subject to the Constitution's general amending formula, which means that Parliament cannot implement these changes on its own.
Because of the constitutional amending formula, his decision effectively killed the Accord.
Trudeau said to Levesque, "Maybe we should just have a referendum, or a couple of national referendums on the amending formula and on the entrenchment of a charter of rights, and let Canadians decide.
Trudeau and his government planned to ask the UK's Parliament to end all legal control over Canada's constitution, give legal effect to an all-Canadian amending formula and add the Charter of Rights and Freedoms to Canada's constitution, and to do all of this on the basis of a resolution passed by both houses of the Parliament of Canada but supported by only two provinces, New Brunswick and Ontario.
The 1982 act constitutionalizes a Canadian Charter of Rights and Freedoms, incorporates past and future treaties between the crown and aboriginal peoples into the Constitution, creates a constitutional amending formula that excludes altogether the Westminster Parliament from further involvement in Canadian constitutional affairs, and enshrines fiscal equalization as a fundamental principle of the Canadian federal system.
An amending formula that Ontario, Alberta, and others can go along with, gets turned down in Quebec.
However, the author fails at times to draw attention to controversies or potential problems: The reach of the preamble to the Constitution Act, 1867 is only tangentially dealt with; the federal spending power is assumed to be constitutional and its practical effects on provincial jurisdiction are largely left unexplored; and the political effects and constitutionality of the regional veto amending formula adopted in federal legislation are insufficiently scrutinized.