Canada exists as an independent state, but is already one of the most prosperous socio-economic 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, since the entry into force of the British North America Act, dated the second half of the nineteenth century. It was then that Britain recognized the state as its dominion, that is, a colony that has the right to self-government. That is what laid the foundations of the modern state.
Constitution and constitutional law
The very concept of “constitution” (from the Latin - I affirm, I install) began to be used in antiquity. So, for example, one of the decrees of emperors in Rome was called. The first constitutional acts (if we talk about them in the modern sense), adopted by the people or with their direct participation, as well as limiting power, date from the end of the eighteenth century. For example, in the USA it was 1787, in France - 1791, in Poland - 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 and regulatory acts of any modern state. The Constitution (including the modern Constitution of Canada) is a set of rules 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 (in form), namely: written and unwritten. A written constitution is a single document that is officially recognized by the basic law. The main provisions of an unwritten constitution are stored in several legal acts (often of a diverse nature). It is in this form that the articles of the Constitution of Canada and the texts of certain provisions are contained.
Canadian Constitution Form
The question of the form of the constitution is still not as clear as it might seem at first glance. On the one hand, the constitution of the North American state is much more systematic than, for example, the British constitution. On the other hand, as in all British colonies, Canada adopted a common law system. So, we can conclude that the constitution of Canada includes two parts, namely: the written, which consists of separate judicial precedents and legislative acts, and unwritten - in the form of agreements and established legal customs. Among the important regulatory acts of the North American state, it is worth highlighting the British North America Act (1867), which served as the main state structure up to the Constitutional Act, dated 1982. Both of these laws require more detailed consideration.
A brief constitutional history of Canada
The history of the constitution of Canada 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 date, the Canadian Constitution continues to be a combination of several laws that were issued from 1763 to 1982.
UK Constitutional Acts
Acts that have been passed by the UK government currently make up the majority of Canada’s written constitution. These are, first of all, the British North America Act, the Westminster Statute, 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 establishes Canada’s dominion status and defines the fundamental functions of the government, including government, the House of Commons and the Senate, the tax system and the legal system. The text on the Russian constitution of Canada (at least specifically this part of it) allows us to draw the following conclusions:
- Canada becomes the dominion of the empire, uniting the North American colonies of Great Britain.
- The powers of the local government are divided between local and federal governments.
- The true objects of legislative power are recognized as "peace, order and good governance."
- Parliament has the right to approve the Criminal Code.
- The provinces are given exclusive authority in the field of laws relating to civil rights and property.
- The federal government can marry and breed citizens.
- An own judicial system is being created.
- French and English are not given the status of state languages, but their broad rights are determined.
Westminster Statute 1931
The Statute established the legal status of the dominions, as well as their relationship with Britain. So the legal basis of the British Commonwealth of Nations was created (now it is the Commonwealth of Nations). This part of the Canadian constitution in Russian allows you to define the following main points:
- The dominions (without their creation) are not subject to the laws of Great Britain.
- The provision was repealed according to which the dominion law was considered invalid if it contradicted the norms of the legal field of Great Britain.
- In fact, the dominions were given full independence, but the formal status of the British monarch as head of the corresponding state was retained.
1982 Canada Act
The Canada Act, endorsed by Margaret Thatcher's cabinet, severed recent ties between Britain and Canada. The Constitution in Russian (more precisely, the Canada Act dated 1982) was not published, of course. But this was the only law of the Parliament of Great Britain, which was published immediately in two languages: English and French. In one section of this document, the British Parliament completely excluded itself from participating in any future changes to the Canadian constitution. The state became independent, but the Queen of Great Britain also remains 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 increasing role of the judiciary. The Charter also established extensive guarantees of the rights and freedoms and democratic rights of citizens, as well as the right to study in the mother tongue (minority language). This document is written in simple language, so as to be accessible to understanding by 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 life of ordinary Canadians.
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 conventions are customs and regulations established by the judiciary. Among the constitutional conventions are, for example, the appointment of ministers only on the recommendation of the Prime Minister, the appointment of the Prime Minister of the head of the party, which received a parliamentary majority as a result of democratic elections. Among the basic constitutional principles of Canada are:
- respect for minorities;
- constitutionalism;
- democracy;
- federalism;
- government accountability to parliament;
- constitutional state;
- judicial independence and the like.
