Constitution of US, UK and Caannada.pptx

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1. Constitution of USA, UK and Canada Shreyas Vyas(PhD in Law) Faculty NISM

2. UNDERSTANDING THE UNITED STATES CONSTITUTION

3. THE BASICS The United States Constitution is the highest law in our country. All of our laws come from the Constitution. It says how the government works. Article 1 creates the Congress (Legislative Branch). Article 2 creates the Presidency (Executive Branch). Article 3 creates the Supreme Court (Judicial Branch). Article 4 defines states’ powers, they must recognize each others laws. Article 5 describes the amendment process. Article 6 Federal laws are above all others. Article 7 Ratification; how to approve it. Each state also has a constitution, they are the highest laws for that state — but the United States Constitution is the highest law of the land.

4. A “LIVING” DOCUMENT The Constitution is a living document because it can be changed. It is changed by an amendment. The first 10 amendments are called The Bill of Rights. By defining these rights in the Constitution, they are federally guaranteed to all. There have been 27 amendments. Not all of them involve rights, but many do. Article 5 describes the amendment process; two-thirds or 66% of each house of Congress (House of Representatives & Senate) must approve, then ratified by three-fourths or 75% of the legislatures of the states.

5. A SHORT HISTORY OF THE CONSTITUTION The Constitution was written in 1787 by a group of men known as the Framers. They fiercely debated what should be in the Constitution of our brand new country. The Articles of Confederation did not work very well. Shays’ Rebellion showed the Framers the need to find a new way to run the country. Delegates of The Constitutional Convention met in Philadelphia, they included: James Madison, Benjamin Franklin, & George Washington. Anti-federalists insisted on a Bill of Rights which became the first 10 amendments to the original Constitution.

6. A SHORT HISTORY OF THE CONSTITUTION (cont.) In 1787, there were only 13 states. All states, except Rhode Island, sent delegates to the convention. Each state had its own ideas for the new government. There was the New Jersey Plan, The Virginia Plan, The Great Compromise, The 3/5ths Compromise, many opinions and issues had to be accommodated to unite the States. The key to becoming united was compromise!

7. THE PREAMBLE The Preamble to the Constitution has no force in law; instead, it establishes the “Why” of the Constitution, explaining why this document exists. It reflects the desires of the Framers to improve on the government they currently had (to be “more perfect” than the Articles of Confederation), to ensure that our government would be just, and would protect its citizens from internal strife and from attack from the outside. It would be of benefit to the people, rather than to their detriment. It perhaps more importantly, it intended to do the same for the future generations of Americans.

8. AMENDMENTS When the Constitution was written, the Framers knew their creation was not perfect. They knew that other people would have good ideas for the Constitution and wanted to be sure that it wasn't too hard to make changes or, for that matter, too easy. The Framers created an amendment process. An amendment to the Constitution is a change that can add to the Constitution or change an older part of it.

9. The original Constitution had no bill of rights. Many of the Framers did not think it was needed (Federalists), others disagreed (Anti-federalists), so promises were made to add one using the amendment process. Soon, the new government started meeting. Congress proposed The Bill of Rights. A list of twelve changes was sent to the states. In 1791, ten of those changes were agreed to by the states. The ten changes were added to the Constitution. These first ten amendments are known as “The Bill of Rights”. AMENDMENTS (cont.)

10. THE BILL OF RIGHTS The Bill of Rights identifies 10 specific freedoms. The First Amendment deals with…

11. HOW THE CONSTITUTION WORKS

12. THE LEGISLATIVE BRANCH The Legislature, called Congress, makes laws. It is bicameral or composed of two parts. The upper house is the Senate, & the lower house is the House of Representatives. In the Senate all states are equally represented (2 senators per state) in the House of Representatives, states are represented proportionally based upon their population.

13. THE SENATE The are two Senators from each state. Since we have 50 states there are 100 Senators. The people elect Senators in public elections. Senators must… Be 30 years old Be a US citizen for 9 years Be a citizen of the state they represent Serve a 6 year term Current Arizona Senators Kyrsten Sinema Mark Kelly

14. THE HOUSE OF REPRESENTATIVES Representatives are from a district within a state and represent the people in that district. The people have the right to tell them how they feel about issues. Currently there are 435 Representatives. Their number is based on population. Both states & territories ( i.e. Puerto Rico, Guam, & American Samoa) are represented. Arizona currently has 9 representatives in the House of Representatives.

15. THE UNITED STATES CAPITAL BUILDING

16. THE LEGISLATIVE BRANCH When the Congress wants to pass a law, both the House and the Senate must agree to the exact same law. If they cannot agree, then the law cannot pass. A proposed law is called a bill and is given a number. Either house can propose a bill but both must agree on it. Senate Bill 98703 and House Bill 98758 might be two versions of the same bill.

17. THE EXECUTIVE BRANCH

18. THE WHITE HOUSE The White House is the official residence & office of The President. Cabinet members & the VP work there too.

19. THE EXECUTIVE BRANCH The role of the Executive Branch is mainly to make sure the law is carried out & includes all forms of law enforcement. The President heads the executive which includes his cabinet. Under the president are all cabinet members and department heads (called Secretaries) who report directly to the president. The cabinet includes the vice president and 15 departments, plus the attorney general. The Secretaries of all the departments report to the Executive such as: Homeland Security, Education, EPA, Defense, Agriculture, Energy, Justice, Labor, Transportation, & others. The Directors of the FBI and the CIA report to the president, but they are not a part of the president’s cabinet.

20. THE UNITED STATES SUPREME COURT

21. THE SUPREME COURT JUSTICES The Courts term begins the first Monday of October and ends the first Monday of October of the following year. They observe holidays and take vacation during recesses.

22. THE JUDICIAL BRANCH The third branch is the Judiciary. Its role is to interpret the law. The federal court system is headed up by the Supreme Court because it is the highest court in the land. Supreme Court Judges are nominated by the President and approved by the Senate. They serve for life but can choose to retire at any age. States have their own court systems including their own Supreme Courts which have final say on state laws, except for the federal courts and of course The Supreme Court.

23. JUDICIAL REVIEW It is the ability of a court to examine & decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately The United States Constitution. While The Constitution does not explicitly define a power of judicial review, the authority for judicial review has been inferred from the structure, provisions, and history of The Constitution. Judges examine a law or government activity and decide if it violates the constitution. Established 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority for judicial review to strike down a law as unconstitutional.

24. UNDERSTANDING THE UNITED KINGDOM CONSTITUTION

25. Constitutional Law of UK

26. Introduction The UK is often said to have an ‘unwritten’ constitution. This is not strictly correct. It is largely written but in different documents. But it has never been codified, brought together in a single document . In this respect, the UK is different from most other countries, which have codified constitutions. But the UK does have a constitution, to be found in leading statutes, conventions, judicial decisions, and treaties. Examples of constitutional statutes include the Bill of Rights 1689, Acts of Union 1707 and 1800, Act of Settlement 1701, Parliament Acts 1911 and 1949, Human Rights Act 1998, Scotland Act, Northern Ireland Act and Government of Wales Act 1998. Examples of conventions include that the monarch acts on ministerial advice; that the Prime Minister sits in the House of Commons; that the Queen appoints as Prime Minister the person most likely to command the confidence of the House of Commons. These and other conventions have been codified in documents such as the Cabinet Manual. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. But parliament can limit its law-making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. Other core principles of the British Constitution include the rule of law, the separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament , and the independence of the judiciary.

27. Unlike France, Italy and many other places, the UK did not experience a revolution or moment of political rupture in the late eighteenth century or nineteenth century, when written constitutions were at their most popular after the American Revolutionary War. Unlike in the United States, where the constitution is the ‘supreme law’ the UK system has no clear concept of a ‘higher law’: there is no clear distinction between what is a constitutional law and what is a regular law. This also means there are no special procedures for changing the constitution itself in the UK. The UK constitution can be altered relatively easily by the government of the day, meaning it changes more frequently than many other constitutions. It is often said that the UK Parliament is ‘sovereign’. This parliamentary ‘sovereignty’ means that Parliament can make or unmake any law, without being limited by a constitutional text.

28. SOURCES OF THE UK CONSTITUTION The sources of the UK constitution are various, including both law and other less formal documents, without legal force . Acts of the UK Parliament Conventions Common law Authoritative works KEY REFORMS HAVE BEEN MADE TO THE UK CONSTITUTION OVER TIME 1536/1543: Two laws now known as the ‘Acts of Union between Wales and England legally incorporated Wales into England . The Bill of Rights: It was a statute of particular constitutional importance in firmly establishing the authority and independence of parliament in relation to the monarch . The Act of Settlement 1701: It also contained important constitutional provisions relating to the independence of the judiciary. The Act protected the salaries and positions of judges, aiming to give them the security to enforce the law without fear of retribution.

29. The Treaty and Acts of Union of 1706-1707 : It provided for the union of Scotland and England. Two Acts were passed, one by the English Parliament and one by the Scottish Parliament, implementing the Treaty of Union. Whilst England and Scotland had the same monarch since 1603, they retained separate legislatures. After the Acts of Union, they united to form a single legislature: the Parliament of Great Britain, and a single state. Nonetheless , Scotland retained its own legal system, arrangements for education, local government, and religion . Act of Union 1800: Brought about a Union of Ireland and Great Britain . The Parliament Acts 1911 and 1949: Established in law the primacy of the House of Commons and reduced the power of the House of Lords. The Acts meant that the Lords could in most cases no longer veto the legislation if the Commons was determined to pass it. Bills could be presented for Royal Assent without the approval of the second chamber, as long a certain amount of time had elapsed and certain other conditions were met. The Lords no longer had any power at all to reject bills certified as relating to financial matters, giving the Commons clear control over money . The European Communities Act 1972: Provided for the UK’s ascension to the EU. The Human Rights Act 1998: It gave direct effect in domestic law to the rights contained within the European Convention on Human Rights. The European Union (Withdrawal) Act 2018 : It repealed the European Communities Act 1972, thus removing the provision that EU legislation automatically takes effect as domestic law in the UK.

30. Executive…. Body or bodies that put the law into effect Legislature…. Body or bodies that make laws Judiciary …. Body or bodies that settle disputes arising from application or interpretation of the laws

31. Federal Various powers of government are divided between different geographical units and a central government Unitary Ultimate power is held by a central government

32. Unicameral A single law making authority Bicameral Two legislative assemblies which act as a check on the other

33. What does the UK constitution look like? It is uncodified Made up of legislation/cases/conventions Executive = The Government Legislative = Parliament Judiciary = Supreme Court It is unitary (but devolution) It has a bicameral system (House of Commons and House of Lords)

34. Separation of Powers Separation of powers is…. 1. The separation of personnel and functions of government 2. Bodies providing ‘checks and balances’ on the power of other bodies

35. Governance in Canada

36. Written Canadian Constitution The Constitution Act of 1867 It is a significant written component of the Canadian Constitution. The Dominion of Canada was established by the British Parliament’s Constitution Act of 1867. It outlines the fundamental makeup of the Canadian government. The Constitution Act of 1867 establishes the Senate, the judiciary, and provincial legislatures among other things. It also outlines the distribution of authority between the federal and provincial governments . Constitution Act of 1982 The British Parliament had authority over Canada’s Constitution up until 1982. In, 1982, both the federal and provincial governments ratified the Constitution. Despite the 1982 patriation of Canada’s Constitution, the Constitution Act of 1867 is still in full force . There are various sections to the Constitution Act of 1982. Additionally, it outlines the procedures for amending the Constitution. Because the majority of provinces must concur on significant changes and as provinces frequently differ on critical matters , these requirements make it difficult to modify the Constitution. The Canadian Charter of Rights and Freedoms is a part of it. It safeguards Aboriginal peoples’ rights. It states that courts have the authority to “knock down” unlawful laws and that the Constitution is the highest law in Canada. Probably the most well-known written portions of the Constitution are the 1867 and 1982 Acts. This indicates that Canada was given complete sovereignty over its Constitution by the British Parliament.

37. The Key features of the Canadian Constitution Parliament and the Legislatures The Senate and the House of Commons make up the federal parliament, along with the monarch. The prime minister selects senators, who are then formally appointed by the governor-general. They serve till the age of 75. (They held their positions until 1965.) Members of Parliament (MPs) who serve in the House of Commons are chosen by the general public. At least every five years, a general election is held. The House of Commons allots seats based mostly on the population of each province and territory. There should be at least as many senators as representatives from each province. Before becoming law, new bills must be approved by both houses of Parliament and the governor-general. The monarch is granted executive authority. The governor-general, whose authority is closely constrained by both constitutional convention and statutory law, exercises it at the federal level. In reality, this implies that a prime minister and cabinet lead the executive. For government issues, they are answerable to Parliament. A lieutenant governor and a single legislative body make up each province’s legislature. At least once every five years, the house is elected. When they joined Confederation, Quebec, Nova Scotia, New Brunswick , Prince Edward Island, and Manitoba all had two-house legislatures. They all eventually abolished the upper house. Similar to how it is done at the federal level, executive power is used. The premier runs the government, while the lieutenant governor represents the monarch.

38. Procedure for Amending the Canadian Constitution The formula amendments to the Canadian constitution were devised by the authors of Canada’s revised Constitution . Sections 38 through 49 of the Constitution Act of 1982 list them. The provinces all wanted to ensure they had a role in any Constitutional amendments, therefore it was difficult to create the formulas. General Formula The usual procedure for amending the Constitution is using the general formula. The general formula is required unless the Constitution specifies that another formula may be applied. The general formula is also required for particular amendments indicated in Section 42, such as altering Senators’ selection process and powers. New provinces would also be created using this approach. According to the general formula, a modification to the Constitution requires the consent of three bodies: the federal Parliament, the Senate, and a certain number of province legislatures. At least seven provinces, or at least 50% of Canada’s population, must consent to the move. It is also known as the 7+50 rule. This means that in order for an amendment to be successful, provinces with sizable populations will likely need to approve the amendment. However, without the assistance of provinces with lower populations, the change cannot take place.

39. Governance in Canada Canada is a federal state , parliamentary democracy and constitutional monarchy. A federal state brings together a number of different political communities with a central government (federal) for national matters and separate local governments (provincial/territorial) for local affairs. As a parliamentary democracy , we elect members to our parliament and legislatures across the country. As a constitutional monarchy , Canada’s head of state is a hereditary sovereign (queen or king), who reigns in accordance with the Constitution.

40. Three Levels of Governance Canada is a very large country with different needs and interests. In order to meet the needs of citizens, the Canadian government is structured into a three-level system: federal, provincial/territorial and municipal/local. Each level has its own arrangement of elected and appointed officials as well as a unique set of responsibilities.

41. Three Branches of Government Legislative Branch: Creates laws, rules and regulations under federal jurisdiction. The legislative branch is made up of federal elected representatives called Members of Parliament. Executive Branch: Responsible for government operations, and implementing and enforcing laws and regulations. Includes the Queen’s representative (the governor general) and cabinet ministers (appointed by the prime minister). Judicial Branch: Interprets the law and determines the penalty for those who violate established laws, rules and regulations. Includes the Canadian court system, which is headed by the Supreme Court and nine appointed judges

42. Provincial/Territorial The elected representatives are called Members of the Legislative Assembly (MLAs), Members of Provincial Parliament (MPPs), Members of the National Assembly (MNAs) or Members of the House of Assembly (MHAs), depending on the province or territory. Elected representatives debate and pass laws at the provincial or territorial legislature. The leader of the government is called the premier. The King is represented by a lieutenant governor in Canada’s ten provinces and by a territorial commissioner in the three territories.

43. Municipal/Local The elected representative at the municipal level is called a councillor or alderman. The head of the council is called a mayor, reeve or chairperson. The size and structure of the council differs depending on the population it represents.

44. Section 91-95, Constitution When they chose a federal form of government, the Canadian Fathers of Confederation assigned particular responsibilities to the federal and provincial governments (outlined in Sections 91–95, Constitution Act). This division of powers is based on the idea of subsidiarity, meaning that the government level closest to the issue governs it. Municipal/local governments receive powers from their province or territory.

45. Division of Responsibilities Federal: Justice, citizenship and immigration, national Defence, currency, public safety, fisheries and oceans Provincial/Territorial: Education , healthcare delivery, environment, energy Municipal/Local : Road maintenance, water and sewer service, recreation and community facilities, libraries, police protection services