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Get Some Basic Information about the Canadian Law System

The common law system of the United Kingdom is the basis of the complex code of the Canadian legal system. For all acts to be enforceable statute, these acts of the Canadian law system have to be supremely controlled by the Constitution of Canada and to remain consistent with this Constitution. Compared to a single document ratified once, the supreme law though is very much more complex than that. Started as simple statutes, the independent sections of the Canadian Constitutions were ratified independently and then codified in the Constitution afterwards. Additionally, contained in the Supreme Court of Canada is a ruling that the Constitution has to also contain unwritten principles such as federalism, democracy, constitutionalism, the rule of law and respect for minorities.

Under the Canadian Constitution is the Constitution Act of 1847 which is one of the main acts in the Constitution enumerating the powers of the governments under the federal and provincial system. The federal government includes powers to enforce the criminal law, enforcement of immigration, regulation on banking, peace and order law to promote in the country, and regulation of trade and commerce in the provinces. The different areas on the other hand that the provincial governments control are the civil rights law, municipal law, hospital regulation and creation and education about government. Whenever there is a question on which entity has the right to constitutionally create some laws, it is the Supreme Court of Canada that will review the situation and will make the final and indisputable decision about the question.

Being the active federal lawmaking entity for the whole nation, the Canadian Parliament has powers that span into three branches of which are the House of Commons, the Canadian Senate, and the monarch. In the case of the role of the monarch in the Parliament, his or her main duty is to grant the Royal Assent which is a passive and very symbolic. The Senate on the other hand can serve the same function when passing the bill. Considered as the most important section of the Parliament is the House of Commons, and it contains 308 representatives being elected and re-elected on a yearly basis. Further, the House of Commons also has the responsibility of drafting and ratifying any proposed legislative acts, while the mere granting of assent falls on the Canadian Senate and monarch.

Even if the power to create laws about criminal law enforcement falls on the Canadian Parliament, the provinces are still responsible for each of their administration of provincial criminal courts that operate on the basis of common law.

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