  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 Government 2.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 f 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 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