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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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