Sergey Danilov

From the Experience of Western Constitutionalism: Legal and Political Aspects of the Modernization of Canadian Constitution

2015. No. 3. P. 131–144 [issue contents]
The paper is devoted to ways and means of overcoming inevitable legal and political obstacles on theway of modernization of the supreme law of state. For illustration author has selected several important moments in modern constitutional process of Canada. It belongs to the legal family of common law countries and in our times is one of the oldest and the most respected across the world constitutional democratic federal states. The article contains detailed description and exploration of the principal and second-rate features of constitutional regulation mechanism functioning in this North American state. In the field of analyzing model of federal state created by Canadians author directed his main attention to the division of competence and its subjects between federal and provincial levels of public power and to key turns in dynamics of theirs mutual relations changing in contemporary circumstances. There is exploration of the role and place of constitutional conventions and judicial precedents in Canadian legal doctrine and constitutional practice. There is emphasized in article the multiplicity of ways and means implementing in process of interaction between Ottawa and members of Canadian federation. Author tries to clear ameasure of necessity and expediency of the constitutional reform of 1980s and to identify chief phases of the latter. He studies an impact made by judicial instances at the level of provinces and federal center into modernizing Canadian Constitution, including the sentences of the Supreme Court of Canada in Patriation case. There is checked in the paper big measure of social purpose producing by power bodies by acting inclusively in the limits of the rule of law (including parliamentary statutes, usages, etc.), by subordination of economic challenges to law and order imperatives and by subordination of the executive bodies to judicial decisions and opinions, in particular. Author presents his look at conditions of Canadian constitutionalism after reform, especially vis-a-vis government of Quebec steady opposition to Charter ofrights and freedoms of Canadians. Also he positively evaluates qualities and level of state leadership of federal powers in modernizing constitutional process in democratic parliamentary state.
Citation: Danilov S. (2015) Iz opyta zapadnogo konstitutsionalizma: politiko-pravovye aspekty modernizatsii Konstitutsii Kanady [From the Experience of Western Constitutionalism: Legal and Political Aspects of the Modernization of Canadian Constitution]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 131-144 (in Russian)
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