CONSTITUTIONAL LAW

01 WHAT IS THE CONSTITUTION?

Shigenori Matsui

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?

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.

What is the difference between the Constitution and other laws?

II WHY DOES MANY COUNTRIES ENACT THE CONSTITUTION?

The concept of the Constitution developed in U.K.

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

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

Many countries in the world followed the French precedents.

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.

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

The Quebec Act of 1774

The Constitution Act, 1791

Durham Report and the Union Act, 1840

Instability and deadlock in province of Canada and Quebec conference

The enactment of BNA Act, 1867

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

Admission of new provinces

Westminster Act, 1931

In search of amending power

Early attempts

1978 Trudeau’s proposal

The Canada Act, 1982 The Constitution Act, 1982

Quebec’s refusal and subsequent negotiation

Meech Lake Accord (1987)

The Charlottetown Accord (1992)

Aftermath Enactment of Regional Veto Act, 1996

Recognition of Quebec as a distinct society

The Clarity Act of 1999

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.”

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).

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.

Is there any unwritten Constitution?

What is the role of convention?

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

Is there any peculiar characteristic with Constitution of Canada?