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.