A whole body of fundamental rules and

principles according to which a state (country is governed)

Provides for the basic institutions of government and the relations between them.

What is a constitution?

In a Federal state the national gov’t controls

national matters and regional gov’ts control matters that are specific to regions.

What is included in a Constitution?

Written – US Unwritten – Britain Mixed – Canada

Customs - traditions Conventions – unwritten laws

Canada’s constitution is made up of written documents and customs and conventions.

Types of Constitutions

Constitution is SUPREME law. Any law that

conflicts with any part of the constitution is thrown out.

2 main documents 1867 Constitution Act (BNA Act) – formed

Canada 1982 Constitution Act

Includes the Charter of Rights and Freedoms.

Canada’s Constitution

Three main parts to the constitution:1. Parliamentary Government (largely based on customs and

conventions) Customs – tradition Conventions – unwritten rules

1. Responsible Government2. The powers of the legislative and executive branches

2. Federalism – it created the two levels of government and established who had what powers. (nation and provincial.)

3. Charter of Rights and Freedoms – until 1982 there was nothing preventing government abuse of people other than the 1960 BILL of Rights which could be easily changed.

What did the Constitution create?

Before the 1982 Constitution Act there was no formal way to amend the Canadian Constitution.

4 ways to change a constitution: Change through a revolution Change through evolution Change due to judicial review   Formal Amendment of constitution – (Sec. 38-45

0f Constitution)

Constitutional Change

This occurred with the in 1837 Rebellions (Not

Canadian Constitution however.) Did happen in Canada with the 1870 Metis uprising and creation of Manitoba.

Is happening in the Arab Spring uprisings. Tunisia Egypt Libya Syria

Change through a revolution

The national government

power of disallowance and reservation in the constitution.

however because it goes against the principles of federalism it has fallen into disuse. (had been used 112 between 1867 and 1943 [NB 1 time, Man 28 times, BC 43])

Change through evolution

Courts enforce constitutionals law but not

convention. There are two ways the courts decide on constitutional law: Reference procedure – allows government to have

questions answered by the courts. (Quebec’s right to separate)

Litigation – court case with the public or another government. (Most common way the courts deal with issues.) (courts will decide whether ultra or intra vires)

This has been crucial in clarifying the powers between the two levels of government.

Change through Judicial Review

Sec. 38 – (General Formula) H of C, Senate

and 2/3’s of the provinces that make up 50% of the national pop. (Either Ont. Or Que. have to be on board in order to reach 50%) Individual provinces are allowed to

opt out of the amendment.

7/50 Rule

Formal Amendment of constitution

Sec. 41 - Amendments that affect the whole country have to be passed by H of C, Senate, and ALL provincial legislatures

Covers: Composition of Supreme Court Right for a province NOT to have fewer MPs

than Senators Office of the Queen, Gov. Gen, and Lieutenant

Gov.

Unanimity Rule

Sec. 41

Sec. 42 – General Formula, however provinces cannot opt out of the amendment.

Covers: Powers of the Senate and method of selecting How the H of C works.

Sec. 42

Sec. 43 – Amendments relating to specific provinces require H of C, Senate, and specific provinces affected.

Covers: Alterations of Provincial Boundaries Amendments that relate to the use of French or

English within a province NB bilingual Quebec bill 101

Sec. 43

Sec. 44 – Amendments relating only to the

institutions of the Government of Canada require only H of C and Senate.

Sec. 44