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Constitutional Law in Canada
Constitutional law is the law that
establishes, allocates and limits public power. In modern times, most major
constitutions are written, although this is not invariably so, and some
major constitutions - that of the United Kingdom, for example -
remain unwritten. Canada's
constitution is somewhat unique. It is partly written, although the
writings are in several rather than one statute; partly unwritten,
consisting of usages, practices, customs and conventions; and partly rules
of the common law developed by the courts. This website seeks to explore
all of these sources and make them available to students of constitutional
law in general themes.
As one can
see from this site, the general issues in constitutional law in Canada
come under two general headings: Division
of Powers, and the Charter of Rights
and Freedoms. Each of these sections of constitutional law are treated
fully elsewhere in this website. However, there are certain items which
serve as useful starting points for understanding the constitutional law of
Canada.
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