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The Politics of Constitutional Change in a Federal System: Negotiating Section 92A of the Canadian Constitution Act (1982).

Authors :
Howlett, Michael
Source :
Publius: The Journal of Federalism; Winter91, Vol. 21 Issue 1, p121-142, 22p
Publication Year :
1991

Abstract

This article examines the process of constitutional change surrounding the enactment of the natural-resource amendment (Section 92A) to the Canadian Constitution Act (1982). It traces the motivations behind the adoption of the clause to a combination of long-term exogenous factors originating in the OPEC-inspired price rises of the 1970s, and short-term endogenous factors particular to Canada's political and institutional arrangements, including unpredictable patterns of judicial arbitration of constitutional issues. The presence of endogenous and exogenous "shocks" to long-established constitutional modus vivendi allows some predictions to be made about the general nature and direction of future constitutional change. However, the workings of short-term political and institutional variables make it impossible to predict the exact content of the constitutional response to such influences. This finding supports Ban- ting and Simeon's hypothesis that constitutional change is political process subject to political forces in society and that constitutional change, like constitution-making, remains an art and not a science. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00485950
Volume :
21
Issue :
1
Database :
Complementary Index
Journal :
Publius: The Journal of Federalism
Publication Type :
Academic Journal
Accession number :
27664687
Full Text :
https://doi.org/10.1093/oxfordjournals.pubjof.a037915