CONSTITUTION OF CANADA – A BRIEF STUDY

This article has discussed briefly on Canada’s Constitution

 

1. CONSTITUTION:

 

The supreme law of the land is a constitution. It is more important than all other laws in the nation. A country's constitution outlines its system of government. It has guidelines or rules that specify what the government is permitted to do.  A court may inform the government that a law it passes is "unconstitutional" and, as a result, has no force or effect. This occurs when the government passes legislation that goes against the constitution. In addition, a constitution ensures citizens' freedoms and rights.

 

A Constitution possesses several features. Some are entirely written such as the United States of America's Constitution, while others are not such as the Constitution of the United Kingdom. Some like Canada's Constitution, are only partially written and entirely unwritten. Some constitutions fluctuate a lot, while others are remarkably stable. Canada’s Constitution is the country’s supreme law; hence it is not an easy task to amend it. If a government could easily alter the constitution, there is a risk that the amendments would serve the government's immediate interests at the expense of the founding ideals on which it framed.

 

2. SALIENT FEATURES OF CANADIAN CONSTITUTION

 

i. Constitutional Monarchy

 

As per the Constitution Act of 1867, the Canadian Monarchy is vested with the authority in Canada. The formal head of the state is the British queen. At the central level, there is an office of Governor-General of Canada and in the provincial level, there is an office of Lieutenant Governors.

 

ii. Parliamentary Government

 

There are a monarchy and two federal chambers: House of Commons and Senate. House of Commons is the lower house and the Senate if the upper house. At the provincial level, there are legislative chambers and there are 308 members in the lower house. The Elections Process is the first-past-the-post system and constituencies are commonly called as ridings.

 

iii. Federalism

 

In Canada there is two government: federal government and provincial governments. Residuary powers lie with the centre.

 

iv. Judiciary

 

The highest court in Canada, just like in India, is the Supreme Court and there are nine members in Canada’s Supreme Court.

 

3. SOURCE OF CANADA’S CONSTITUTION:

 

Canada was formerly a British colony, the UK was responsible for writing Canada's Constitution. Federalism was established by the Constitution Act of 1867. Canada was unable to modify or add to this. Older documents like the Quebec Act (1774) and the Treaty of Paris (1763) were also included in the Constitution at that time. After 1867, the Constitution began to evolve as the courts interpreted it. It was occasionally changed up until 1975 as Parliament expanded and new provinces were added.

 

Politicians decided it was time to patriate the Constitution at the beginning of the 1980s. They desired total control over it without having to submit a change request to the British Parliament. They needed a method or formula to change the Constitution with the approval of both the federal and provincial governments. It took them a long time to come up with an amending formula that they could all agree on. The federal and provincial governments finally agreed on a formula in November 1981. As a result, the Canada Act of 1982 was passed by the British Parliament, giving Canada the authority to manage its Constitution. The Constitution of Canada was now genuinely its own. After 1982, the federal and provincial governments were free to modify things as they saw fit.

 

4. PROCEDURE FOR AMENDING THE CANADIAN CONSTITUTION:

 

The formula to changes the Canadian Constitution were created by the authors of the new version of the Canadian Constitution. The Constitution Act of 1982 lists them in Sections 38 through 49. It was challenging to develop the formulas because every province wanted to make sure that they had a role in any Constitutional amendments.

 

Using the general formula is the generally utilized process for amending the Constitution.

 

• Unless another formula is permitted by the Constitution, the general formula may be used.
•  The general formula is also necessary for the specific amendments listed in Section 42, such as changing the qualifications and authority of Senators.
•  According to the general formula the federal Parliament, the Senate, and a certain number of provincial legislatures must all agree for the Constitution to be changed,
•   According to the general formula it requires the approval of at least seven provinces, or at least 50% of Canada's population. It is also known as the 7+50 rule.

 

5. CONCLUSION:

 

In contrast to the United States, Canada's Constitution is not a single document. It consists of laws, court rulings, and agreements between the federal and provincial governments, as well as acts of the British and Canadian Parliaments.

 

The Constitution Act of 1867, which established a federation of the four provinces of Ontario, Quebec, Nova Scotia, and New Brunswick under the British Crown, and the Constitution Act of 1982, which transferred formal control of the Constitution from Britain to Canada and established a Canadian Charter of Rights and Freedoms and procedures for a constitutional amendment, are the two acts that serve as the fundamental written foundations of the Canada’s Constitution.