Canada Constitution

Factbook > Countries > Canada > Government

Constitution: history: consists of unwritten and written acts, customs, judicial decisions, and traditions dating from 1763; the written part of the constitution consists of the Constitution Act of 29 March 1867, which created a federation of four provinces, and the Constitution Act of 17 April 1982

amendments: proposed by either house of Parliament or by the provincial legislative assemblies; there are 5 methods for passage though most require approval by both houses of Parliament, approval of at least two thirds of the provincial legislative assemblies and assent and formalization as a proclamation by the governor general in council; the most restrictive method is reserved for amendments affecting fundamental sections of the constitution, such as the office of the monarch or the governor general, and the constitutional amendment procedures, which require unanimous approval by both houses and by all the provincial assemblies, and assent of the governor general in council; amended 11 times, last in 2011 (Fair Representation Act, 2011)

Definition: This entry provides information on a country’s constitution and includes two subfields. The history subfield includes the dates of previous constitutions and the main steps and dates in formulating and implementing the latest constitution. For countries with 1-3 previous constitutions, the years are listed; for those with 4-9 previous, the entry is listed as “several previous,” and for those with 10 or more, the entry is “many previous.” The amendments subfield summarizes the process of amending a country’s constitution – from proposal through passage – and the dates of amendments, which are treated in the same manner as the constitution dates. Where appropriate, summaries are composed from English-language translations of non-English constitutions, which derive from official or non-official translations or machine translators.

The main steps in creating a constitution and amending it usually include the following steps: proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law. In many countries this process is lengthy. Terms commonly used to describe constitutional changes are “amended,” “revised,” or “reformed.” In countries such as South Korea and Turkmenistan, sources differ as to whether changes are stated as new constitutions or are amendments/revisions to existing ones.

A few countries including Canada, Israel, and the UK have no single constitution document, but have various written and unwritten acts, statutes, common laws, and practices that, when taken together, describe a body of fundamental principles or established precedents as to how their countries are governed. Some special regions (Hong Kong, Macau) and countries (Oman, Saudi Arabia) use the term “basic law” instead of constitution.

A number of self-governing dependencies and territories such as the Cayman Islands, Bermuda, and Gibraltar (UK), Greenland and Faroe Islands (Denmark), Aruba, Curacao, and Sint Maarten (Netherlands), and Puerto Rico and the Virgin Islands (US) have their own constitutions.

Source: CIA World Factbook - This page was last updated on Saturday, September 18, 2021

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