Unwritten Principles of the Constitution
Law has internal and external aspects, and we take in the principles implemented in our society.
1.) Federalism: the result of historical relations between French and English Canada
- Result of historical relationships of the founders of law. More than one founding nation, more
predominately of French and English. These two people had different legal systems and in 1867
they joined together as a unified whole.
a) CA 1867 – creation of a unified state with recognition of regional interests
1. Federal government structure: look after national interests.
2. Provincial government structure: look after regional interest.
-Central government and provincial governments is feudalism. House of parliament rep.
population and senate rep. by region reflects this feudalism.
-Federalism is reflective in the division of power
-We divide up legislative authority between provincial and federal government. Section 91-92.
These provisions of the constitution reflect the idea that we are a regional state with legislative
interests is federalism.
-We are one nation with different regional interest and governed by different bodies with
different legal powers.
b) Division of powers between the federal and provincial governments
1. Federal powers in s. 91 of the Constitution Act 1867
2. Provincial powers in s. 92 of the Constitution Act 1867
c) Creation of House of Commons and Senate
2.) Democracy: basic processes set out in CA 1867
-Idea that each individual has one vote and that each vote counts equally. The people vote
elected representatives into office. Set out in constitution act of 1867.
a) Procedural aspect: open and public courtrooms, seeing our judges are making just decisions.
b) Social ideal aspect: right to freedom of expression, we can express our opinions freely and
debate them. Media and press can do this on our behalf. Public forum for debate. We have the
right to interact with our representatives. The law protects all of us equally.
-Social ideal aspect: not just we have procedures, but also that this is what an ideal society would
3.) Constitutionalism and the rule of law
a) Rule of Law: various definitions -idea that law is governments master, and government is law’s slave. The power of the