Canada exists as an independent state, but is already one of the most socially and economically prosperous countries in the world. Canada gained full independence in 1982 when the Canadian constitution was repatriated. But the North American state celebrates independence day on July 1, that is, from the moment the British North America Act came into force, dated the second half of the nineteenth century. It was then that Great Britain recognized the state as its dominion, that is, a colony that has the right to self-government. This is what laid the foundations of the modern state.
The Constitution and constitutional law
The very concept of "constitution" (from the Latin - affirm, decree) began to be used in antiquity. So, for example, one of the decrees of the emperors in Rome was called. First constitutional acts (ifspeak of them in a modern sense), accepted by the people or with their direct participation, as well as limiting power, date back to the end of the eighteenth century. For example, in the USA it was 1787, in France it was 1791, in Poland it was 1791.
For other branches of law, constitutional law is fundamental, since it is the constitution that occupies a special place in the hierarchy of legislative acts of any modern state. The constitution (including the modern constitution of Canada) is a set of norms that determine the foundations of the state structure of the state, the competence and procedure for the formation of state bodies, the legal status of its citizens. The main source of constitutional law is the constitution.
There are several forms of constitutions (by form), namely: written and unwritten. A written constitution is a single document that is officially recognized as the fundamental law. The main provisions of the unwritten constitution are stored in several legal acts (often of a diverse nature). It is in this form that the articles of the Canadian constitution, the texts of individual provisions are contained.
Shape of the Canadian constitution
The question of the form of the constitution is still not as unambiguous as it might seem at first glance. On the one hand, the constitution of the North American state is much more systematized than, for example, the constitution of Great Britain. On the other hand, as in all British colonies, a common law system was established in Canada. So, it can be concluded thatThe Canadian constitution includes two parts, namely: the written part, which consists of separate judicial precedents and legislative acts, and the unwritten part, in the form of agreements and established legal customs. Among the important legislative acts of the North American state, it is especially worth highlighting the British North America Act (1867), which served as the main state structure until the Constitutional Act dated 1982. Both of these laws require more detailed consideration.
A Brief Constitutional History of Canada
The history of the formation of the Canadian constitution begins in 1763, when France gave Britain a vast part of its possessions in North America. Formally, Canada was formed in 1867, but received autonomy only in 1931, and finally became an independent state by 1982. To this day, the Canadian constitution continues to be a combination of several pieces of legislation that were issued from 1763 to 1982.
UK constitutional acts
The acts that were passed by the UK government now form the majority of Canada's written constitution. These are, first of all, the British North America Act, the Statute of Westminster, the Constitutional Act, the Canada Act.
British North America Act
This document, adopted in 1867, is still considered the main part of the Canadian constitution. This Act gives Canadadominion status and determines the fundamental functions of government, including the state structure, the House of Commons and the Senate, the system of taxation and the judiciary. The text in Russian of the constitution of Canada (at least specifically this written part of it) allows us to draw the following conclusions:
- Canada becomes a dominion of the empire, uniting the North American colonies of Great Britain.
- Local government powers are shared between local and federal governments.
- The true objects of the legislature are "peace, order and good government".
- Parliament has the right to approve the Criminal Code.
- Provinces are given exclusive powers in the field of laws that relate to civil rights and property.
- The federal government can marry and divorce citizens.
- Creating our own judicial system.
- French and English are not given the status of state languages, but their broad rights are defined.
Statute of Westminster 1931
The Statute established the legal status of the dominions, as well as their relationship with Great Britain. Thus was created the legal basis of the British Commonwe alth of Nations (now it is the Commonwe alth of Nations). This part of the Canadian constitution in Russian allows you to define the following main points:
- Dominions (without their creation) are not subject to the laws of Great Britain.
- The provision was canceled according to which the law of the dominion was considered invalid if it contradicted the normsUK legal framework.
- In fact, the dominions were given complete independence, but the formal status of the British monarch as the head of the corresponding state was preserved.
Canada Act 1982
The Canada Act, passed by Margaret Thatcher's cabinet, severed the last ties between Britain and Canada. The Constitution in Russian (more precisely, the act on Canada, dated 1982) was not published, of course. But it was the only law of the British Parliament that was published in two languages at once: English and French. In one section of that document, the UK Parliament barred itself entirely from any future changes to Canada's constitution. The state has become independent, but the Queen of Great Britain remains also the Queen of Canada.
Charter of Rights and Freedoms
The Charter was the first part of the Canada Act. The most significant consequence of the adoption of the document was the increase in the role of the judiciary. The Charter also established extensive guarantees of rights and freedoms and democratic rights of citizens, as well as the right to education in their native language (the language of a minority). This document is written in simple language, so as to be understandable to every citizen. This part of the Canadian constitution (the text in Russian, as well as in the official languages of many other countries, was published almost immediately after the adoption of the document) currently has the most significant impact on the lives of ordinary Canadians.
The Unwritten Sources of the Canadian Constitution
As already mentioned, the unwritten part of the constitution of the state is represented by established legal customs and convention agreements. Convention agreements are customs and regulations established by the judicial system. The constitutional conventions include, for example, the appointment of ministers only on the recommendation of the prime minister, the appointment by the prime minister of the head of the party, which, as a result of democratic elections, received a parliamentary majority. Canada's core constitutional principles include:
- respect for minorities;
- constitutionalism;
- democracy;
- federalism;
- government accountability to parliament;
- rule of law;
- independence of the judiciary and similar concepts.
Procedure for amending the constitution
The 1982 Constitution Act provides for five options for how to amend Canada's constitution. The normal procedure requires the consent of two-thirds of the provincial governments (that is, a minimum of 7 provinces, but such that their population is at least 50% of the total population of Canada) and the simultaneous consent of the Senate and the House of Commons. Some changes can only be accepted through a certain procedure. These are the following exceptional cases:
- Changes that relate to the judiciary, the status of the queen, official languages, the number of senators. Such amendmentscan only be passed unanimously.
- Changes that relate to the boundaries of the provinces or the use of state languages within the province. These laws are passed only by the legislature to which they are directly concerned.
- Changes that only affect the federal government do not require the consent of the provinces.
General characteristics of the Canadian constitution, even at the moment, cannot be completely exhaustive. This form of the main state law involves constant additions. For example, the Supreme Court of Canada issues new decisions from time to time, the constitution is updated regularly with new written documents. We can say that gradually the Canadian constitution is moving from a mixed form to a standard written one.
