At the beginning of this book I introduced Burke and Locke as representing two different approaches to constitutionalism. For the Burkean, a constitution is thought of not as a single foundational document drawn up at a particular point in time containing all of a society’s rules and principles of government, but as a collection of laws, institutions, and political practices that have passed the test of time, and which have been found to serve the society’s interests tolerably well… From the Lockean perspective, however, the Constitution is understood as a foundational document expressing the will of the people, reached through a democratic agreement, on the nature of the political community they have formed and how that community is to be governed… The central argument of this book has been that up until the 1960s constitutional politics in Canada was basically Burkean, but for a generation – from the late 1960s to the mid-1990s – the prevailing constitutional aspiration in Canada and in Quebec was for a Lockean constitutional moment. That effort failed, for the now obvious reason that in neither Canada nor Quebec was there – or is there – a population capable of acting as a sovereign people in a positive Lockean way.
Russell, Peter. Constitutional Odyssey: Can Canadians Become a Sovereign People? (Third Edition). 2004 (first edition 1992). p. 247-8