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An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. [1] An explicit understanding of such a constitution can be developed through commentary by the judiciary , government committees or legal experts .
Canada's constitution has roots going back to the thirteenth century, including England's Magna Carta and the first English Parliament of 1275. [19] Canada's constitution is composed of several individual statutes. There are three general methods by which a statute becomes entrenched in the Constitution:
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten.
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
The uncodified constitution of the United Kingdom has an implicit equivalent of a notwithstanding clause: following the doctrine of parliamentary sovereignty, the courts have no power to declare primary legislation invalid on constitutional grounds, including on grounds of incompatibility with the European Convention on Human Rights.
Canada Act 1982 (1982) Meech Lake Accord (1989) Beaudoin-Edwards committee report (June 20, 1991) Report of the Bélanger-Campeau Commission on the Political and Constitutional Future of Québec (March 27, 1991) Allaire Report (January 28, 1991) Report of the Citizens' Forum on Canada's Future ("Spicer Commission"), 1991
As a result, Lower Canada and Upper Canada, with its enormous debt, were united in 1840, and French was banned in the legislature for about eight years. Eight years later, an elected and responsible government was granted. By this time, the French-speaking majority of Lower Canada had become a political minority in a unified Canada.