StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Constitution Acts of 1867 and 1982 - Essay Example

Cite this document
Summary
[Subject] The Constitution Acts of 1867 and 1982 and Canadian politics Introduction A federal governmental system pertains to a bi-executive system, where government is divided into two parts, national (which is represented by a central governing authority) and sub-national (which pertains to delegated powers to individual political units)…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.2% of users find it useful
Constitution Acts of 1867 and 1982
Read Text Preview

Extract of sample "Constitution Acts of 1867 and 1982"

Download file to see previous pages

Thus, it becomes all the more important for the main Bill of Rights of a country, which for Canada equal to the Constitution Acts of 1867 with amendments made to it in 1982, to represent the correct division of power between the Federal and Provincial governments. The constitution Geographically, Canada is divided into three territories and 10 provinces. It supports two distinct main ethnic groups, the Quebecois who are well versed in French and the rest who communicate in English. The division of power would involve consideration to both the minority French-Canadians and the majority of the English speakers.

Thus, some legislative authority must be granted to provinces while most of it is retained by the Federation, as is customary for a government system of this kind. It is for this reason that s. 91 to 95 of the 1867 constitution award legislative powers for both federal and provincial jurisdictions. S. 91 deals with the legislative authority of the Federal government whereas s. 92 pertains to the same at the provincial level. Moreover, all the residuary powers that have not been assigned to the provinces may also be dealt by the Parliament, which is allowed to “make laws for the peace, order, and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces” (Constitution Act 1867, s. 91). Provincial responsibility also deals with sources of energy which are non-renewable (s. 92A) and education (s. 93) while s.

94 relates to the dealings with property and civil rights (new at the time the Constitution Act 1867 was enacted). Thus, while the English speaking majority is correctly represented in the Parliament, the Federal government enjoys enough power constitutionally in order to uphold the rights of the minorities. Division of power is scribed clearly in certain cases to the provincial government, such as in the cases of handling prisons, property and education but in other cases such as that of immigration policies and agriculture, power is shared between the federal and provincial jurisdictions (s. 95). This ensures two things, the first being the adherence to the British system of Parliament, which enables correct representation of all the minorities in the State and saves them from unjust policies that a majority might impose upon them.

The concurrent presence of the federal and provincial governments, on the other hand, allow for cultural diversity to exist in the various provinces without being majority centric. Due to the presence of the latter, the French Canadians are awarded the same level of liberties as their English speaking majority consequently ensuring that their individual rights are protected, at least in theory. However, the existence of these two systems, where the country is represented by a Prime Minister who is in charge of a Federation, creates vagueness in division of power.

In matters of administration of justice, for example, the constitution allows the Parliament to enact legislation dealing with “criminal law, except the constitution of courts of criminal

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Constitution Acts of 1867 and 1982 Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/environmental-studies/1414384-constitution-acts-of
(Constitution Acts of 1867 and 1982 Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/environmental-studies/1414384-constitution-acts-of.
“Constitution Acts of 1867 and 1982 Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/environmental-studies/1414384-constitution-acts-of.
  • Cited: 0 times

CHECK THESE SAMPLES OF Constitution Acts of 1867 and 1982

American History - Reconstruction Succeeded in Reintegrating the Union

This is because although Black rights were afforded through the 13th, 14th and 15th Amendments to the US constitution and the Civil Rights acts of 1866 and 1875, much of it was reversed by the Jim Crow laws with the blessing of the Supreme Court.... In December 1863 he made a proclamation of amnesty and Reconstruction granting pardon to those who took oath to support the constitution of United States and the Union of states....
13 Pages (3250 words) Essay

Study guide for final

According to Garrison, the constitution was pro-slavery in itself and it was better to dissolve it than implementation.... For more than 30 years, Garrison expressed his views against the constitution through The Liberator.... The dreams of Garrison came true after the end of Civil War in 1865 and abolition of slavery in US as mentioned in the 13th Amendment of the constitution.... constitution in terms of laws governing slavery and he publicly declares the constitution as a flawed document....
18 Pages (4500 words) Essay

Human Rights and English Law

The committee recommendation that "homosexual behaviour between consenting adults in private should no longer be a criminal offence," specifically between men over the age of 21, except in the armed forces, led to the passage of the 1967 Sexual Offences Act which replaced the 1861 Offences against Persons Act, the previous law against homosexuality and paved the way to legalizing homosexuality except for some homosexual acts.... The age of consent for homosexual men was reduced in 1994 to 18 and in 2001 to 16 while homosexual acts in the armed forces were decriminalised....
5 Pages (1250 words) Essay

Canadian Confederation

The Canadian Confederation was established when the Federal Dominion of Canada was formed in July 1, 1867.... hellip; In 1867, all of the colonies that became a part of the Canadian Confederation had previously been a part of New France.... It is far more accurate to describe 1867 as the birth of a 'Tory-interventionist order' in Canada than of a liberal one (Smith, 2008)....
14 Pages (3500 words) Essay

Prerogative Powers

Can the President use "unconstitutional" authority in order to save the constitution and constitutional democracy The answer should be understandable, but scholars and jurists have made the issue (and answer) more complex than it should be.... Sawyer, (3) and the ideal that the constitution is likewise valid in peace as well as war.... In other words, the constitution does not operate usually in abnormal times, and both the existence of a "wartime" constitution and the potential for "constitutional dictatorship" follow from that relevant fact....
7 Pages (1750 words) Essay

Analyzing the American Revolution and the American Civil War

They felt that there isn't anything written in the constitution that says that can't secede and because the people were unhappy they had the right, as a sovereign state, to secede.... The paper "Analyzing the American Revolution and the American Civil War" describes that the American Revolution resulted in a dramatic change in the lives of the American people....
6 Pages (1500 words) Research Paper

Mormons and Utah statehood

This research paper “Mormons and Utah statehood” looks at the history and the relationship between Mormons and the Utah statehood.... It explores the persecution of Mormons during the demand for statehood.... This persecution was carried out both by the federal authorities as well as common people....
13 Pages (3250 words) Research Paper

Law and the Constitution in Canada

A consolidation of the constitution acts, 1867 to 1982.... Conclusion Despite coming to sharp criticism, the SCC and judicial independence have transcended the Canadian judicial system as the answer to conflicting definition and jurisdiction of the federal and provincial acts.... Notably, judicial independence is the ultimate goal of democracy and rule of law in an The Law and Canadian constitution affiliation The Canadian democracy has been described as the hallmark of alizing democracy....
1 Pages (250 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us