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El Formalismo Juridico y sus Funciones Sociales en el Siglo XIX Venezolano

El Formalismo Juridico y sus Funciones Sociales en el Siglo XIX Venezolano 1981] BOOK REVIEWS 727 negotiators since 1927, Trudeau decided to act without provincial consent. The Canadian Constitution was a British statute and by convention had invariably been amended by Westminster on re­ quest, he proclaimed, so Ottawa would proceed by a joint resolution of th e Senate and House of Commons to "patriate" the Constitution with an amending formula, and also incorporate within it his cher­ ished proposal for a "Canadian Charter of Rights and Freedoms." Initially six, and later eight, of te n provinces opposed Trudeau's call for constitutional renewal on his terms, leaving only th e federal gov­ ernment, Ontario and New Brunswick supporting his move. The Prime Minister continues to insist that his proposed constitutional reforms are essential to redeem his pledge to Quebecois during the referendum campaign, but although Dr. McWhinney's work was written before that event, his judgment on that matter appears sound: "The irony is that 'patriation' of th e B.N.A. Act and insertion of an 'entrenched' bill of rights have become priority issues devised by English Canada and used by a French-Canadian Prime Minister as a response to Quebec demands that ignore these issues. These proposals should, I think, be appraised on http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

El Formalismo Juridico y sus Funciones Sociales en el Siglo XIX Venezolano

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Publisher
Oxford University Press
Copyright
© 1981 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839764
Publisher site
See Article on Publisher Site

Abstract

1981] BOOK REVIEWS 727 negotiators since 1927, Trudeau decided to act without provincial consent. The Canadian Constitution was a British statute and by convention had invariably been amended by Westminster on re­ quest, he proclaimed, so Ottawa would proceed by a joint resolution of th e Senate and House of Commons to "patriate" the Constitution with an amending formula, and also incorporate within it his cher­ ished proposal for a "Canadian Charter of Rights and Freedoms." Initially six, and later eight, of te n provinces opposed Trudeau's call for constitutional renewal on his terms, leaving only th e federal gov­ ernment, Ontario and New Brunswick supporting his move. The Prime Minister continues to insist that his proposed constitutional reforms are essential to redeem his pledge to Quebecois during the referendum campaign, but although Dr. McWhinney's work was written before that event, his judgment on that matter appears sound: "The irony is that 'patriation' of th e B.N.A. Act and insertion of an 'entrenched' bill of rights have become priority issues devised by English Canada and used by a French-Canadian Prime Minister as a response to Quebec demands that ignore these issues. These proposals should, I think, be appraised on

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1981

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