1. CONSTITUTIONAL LAW 01 WHAT IS THE CONSTITUTION? Shigenori Matsui

2. INTRODUCTION 1 What is the Constitution? 2 What is a history of Constitution in Canada? 3 What is the Constitution consisted of? 4 What are the most fundamental principles of Canadian Constitution?

3. I WHAT IS THE CONSTITUTION? The Constitution is the fundamental law of the state. It establishes the Government, authorizes the powers of the Government, structures the government process and places limits on the power of the Government. Generally speaking, it consists with the structure of the Government and the bill of rights.

4. What is the difference between the Constitution and other laws?

5. II WHY DOES MANY COUNTRIES ENACT THE CONSTITUTION? The concept of the Constitution developed in U.K.

6. But it was the United States that enacted the document called the Constitution for the first time in history: The U.S. Constitution (1787)

7. France followed this development and enacted the 1791 Constitution after the French Revolution.

8. Many countries in the world followed the French precedents.

9. 3 Constitutional History of Canada: The Enactment of BNA Early settlement in Canada treated Canada as unsettled land ignoring the existence of aboriginal people. It was France which had established colony in Canada.

10. British government conquered New France (Treaty of Paris of 1763) The British common law regarding reception of common law and the Royal Proclamation of 1763

11. The Quebec Act of 1774

12. The Constitution Act, 1791

13. Durham Report and the Union Act, 1840

14. Instability and deadlock in province of Canada and Quebec conference

15. The enactment of BNA Act, 1867

16. 4 Canadian Constitutional History: After the Enactment of the BNA Act Constitutional History after the BNA Act History of acquiring more autonomy History of establishing responsible government

17. Admission of new provinces

18. Westminster Act, 1931

19. In search of amending power Early attempts

20. 1978 Trudeau’s proposal

21. The Canada Act, 1982 The Constitution Act, 1982

22. Quebec’s refusal and subsequent negotiation Meech Lake Accord (1987)

23. The Charlottetown Accord (1992)

24. Aftermath Enactment of Regional Veto Act, 1996 Recognition of Quebec as a distinct society The Clarity Act of 1999

25. 3 WHAT IS THE CONSTITUTION CONSISTED WITH? : SOURCES OF CONSTITUTION 52.(1) of the Constitutional Act, 1982 The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution, to the extent of the inconsistency, of no force or effect.”

26. 52.(2) The Constitution of Canada includes (a) the Canada Act 1982, including this Act; (b) the Acts and orders referred to in the schedule; and (c) amendment to any Act or order referred to in paragraph (a) or (b).

27. 52.(3) “Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.” The Constitution requires the special procedure for constitutional amendment. The Constitution is entrenched.

28. Is there any unwritten Constitution?

29. What is the role of convention?

30. 4 WHAT ARE THE MOST FUNDAMENTAL PRINCIPLES OF THE CONSTITUTION? Reference re Secession of Quebec (1998) Federalism Democracy Constitutionalism and the rule of law Respect for minorities

31. Is there any peculiar characteristic with Constitution of Canada?