Understanding Constitutions: Written Laws and Unwritten Conventions in Canada, Slides of Law

Download Understanding Constitutions: Written Laws and Unwritten Conventions in Canada and more Slides Law in PDF only on Docsity! Constitutions Written and Unwritten Conventions Docsity.com Constitutions A constitution is generally defined as a set of rules that establish both the structure and the fundamental principles of the government in a nation or other territory. Docsity.com Canada’s Constitution • Federal government is responsible for creating laws that affect all Canadians • Provinces have jurisdiction over regional concerns such as education and health care • Provincial law cannot supersede federal law • Residual powers were also granted to the federal government Docsity.com Sources of Constitutional Authority in Canada • While most people tend to think of “the Constitution” as a document, the truth is more complicated. • In the words of the Supreme Court of Canada: “constitutional conventions plus constitutional law equal the total constitution of the country.” • These can be written or unwritten. Docsity.com Sources of Constitutional Authority in Canada The Canadian Constitution is composed of: – The Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms. – The Constitution Act, 1867 (previously the British North America Act, 1867), and its amendments. – Acts of Canadian and British parliament. Docsity.com Constitutional Conventions • Courts cannot enforce constitutional conventions. • Any government violating a constitutional convention without having very good reasons would probably be defeated in an election. • The fact that these conventions remain unwritten allows for innovation and change over time. Docsity.com Examples of Constitutional Conventions • The prime minister needs the support of the House of Commons to stay in power. If he or she loses a vote of non-confidence, an election is usually held soon afterward. • Seats on the 9-member Supreme Court of Canada should be allocated regionally Docsity.com Examples of Constitutional Conventions • There is no provision in the Constitution Act, 1867 or the Constitution Act, 1982, for a Cabinet. • The Governor General is required to give assent to Bills • A minister is sometimes selected from outside the House of Parliament. When this happens, however, the minister is expected by tradition to win a seat in Parliament as soon as possible. Docsity.com