Introduction to Constitutions

Constitutions play an important part in every political system, because they provide the basis for the orderly resolution of disputes. The basic powers and framework of the key political institutions and actors are found in a constitution. 

For a much more detailed collection of material related specifically to the Canadian Constitution, connect to the Constitution page of Nelson's Canadian Politics on the Web available at this site. 

CONSTITUTIONS AROUND THE WORLD

Below you will find a list of links to a wide range of countries around the world. For most states, there is a link to a general site that provides an overview of the country and its constitutional history, as well as links to their most important constitutional documents. 

United Kingdom - Note: the U.K. has no specific document called the "Constitution." The structure of its political institutions and the powers of its state officials are to be found in hundreds of statutes and in many unwritten, informal "constitutional conventions."

United States A large collection of constitutional documents and political information on a number of countries is available at the ICL Site hosted by the Bayerische-Julius Maximilians Universität-Würzberg. The Law Library of Congress also provides links to the laws and constitutions of many countries that are well worth exploring; included in its resources for some countries are links to full-text essays on that state's political or constitutional system. Another useful site is Constitution Finder. Richard Kimber provides links to a wide range of constitutions from around the world. 

 

CONSTITUTIONAL AMENDMENT 

There are almost as many methods for changing constitutions as there are states. In some countries, such as New Zealand or the United Kingdom, any aspect of the constitution can be changed by an ordinary statute passed in Parliament in the usual manner. In other countries, such as Belgium, the constitution can be changed by an act of the legislature but with a special majority or procedure needed. Some countries, such as Australia and Switzerland, require that changes be approved by the electorate in a referendum. 

There are five amending formulas that may be used to change the Constitution of Canada; which process needs to be employed is dependent upon the subject matter of the proposed amendment. 

The American constitutional amendment process is set out in Article V of the U.S. Constitution, which reads:  The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.  Amendments Not Ratified provides the text of amendments to the U.S. Constitution that have been proposed in the past but not ratified and includes the proposed Equal Rights Amendment which would have ensured equality on the basis of sex. 

Some countries have used special assemblies to draft new constitutions. The United States Constitution was drafted by a Constitution Convention. For more information about the drafting of the U.S. Constitution, and its subsequent ratification, connect to the Constitution Day site. A much more recent and successful example is the The South African Constitutional Assembly. 

Some Canadians believe that a constitutional assembly should be used to revise the Canadian Constitution, instead of relying upon agreements reached at meetings of the Prime Minister of Canada and the provincial premiers. For an example of such a proposal, you can visit Constituent Assembly NOW!

PROTECTION OF CIVIL RIGHTS 

An important principle of liberal democracies is to set limits on what governments can do to their citizens. Sometimes the limits on government are left to self-restraint, but in some countries legislation or protection of citizens' rights are in place. For more detailed information on the protection of rights in Canada, connect to the Civil Rights in Canada page of Nelson's Canadian Politics on the Web available at this site. 

Probably the earliest codified document which protected citizens' rights from the power of the state came with the signing of the Magna Carta in 1215 by England's King John. 

The restoration of the monarchy in England, after the "Glorious Revolution," was the catalyst for the Bill of Rights, approved by the two Houses of Parliament in 1689, which set out certain rights that the monarch had to respect. This document not only represented an important development for Britain, but it has had a lasting influence in many of the former colonies of the British Empire. 

A very influential political declaration made after the French Revolution was the Declaration of Rights, approved by the National Assembly of France on August 26, 1789. 

The United States has a "Bill of Rights," which is actually composed of a series of amendments to the original Constitution. The first ten amendments were made in 1791 and a number of others have been enacted since. 

Another important step in protecting civil rights in the United States came with the Emancipation Proclamation of 1863, which ordered the freeing of people who were then slaves. 

Many countries have followed the American example of a constitutionally entrenched Bill of Rights, which is enforced by the courts even against the legislature. The Charter of Rights and Freedoms adopted by Canada in 1982 is one example. 

Other countries have adopted legal protection for civil rights, but have instead used regular statutes which take little or no precedence over other legislation. The Canadian Parliament adopted a Bill of Rights in 1960, but it was the inability of this measure to bind Parliament or supersede other laws that led to the adoption of the Charter of Rights. 

New Zealand relies on an ordinary statutory measure, The Bill of Rights Act 1990. 

The United Kingdom has traditionally depended upon protecting civil liberties through tradition and the self-restraint of the state actors. However, this has proven inadequate in the eyes of many.  In 1998 the U.K. Parliament passed the Human Rights Act, which provides some substantive authority for British courts to enforce the rights in the European Convention on Human Rights. 

The former Soviet Union provides an example of constitutional rights that sound wonderful, but which were essentially unenforceable under the communist regime. See Chapter 7 Basic Rights, Freedoms, Duties of the 1977 Constitution. 

LINKS TO RIGHTS ISSUES AND ORGANIZATIONS 

ACLU: American Civil Liberties Union

Amnesty International On-line

BC Journalists for Freedom of Information

Canadian Human Rights Reporter

Diana - International Human Rights Database

EGALE Canada - Equality for Gays & Lesbians Everywhere 

Electronic Frontier Canada

Euthanasia and Assisted Suicide - Report of Canadian Senate Committee 

Gay & Lesbian Politics

Human Rights Internet (HRI)



Human Rights Web

Internment of Ukrainians in Canada 1914-1920

National Association for the Advancement of Colored People

Newsletter on Civil Liberties Home Page

UBC Law: Feminist Legal Studies

United Nations High Commissioner for Refugees

Universal Declaration of Human Rights

University of Minnesota Human Rights Library

Women's Studies Resources Sites