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Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect. In ''Reference re Secession of Quebec'', the Supreme Court characterized four fundamental and organizing principles of the Constitution (though not exhaustive): federalism; democracy; constitutionalism and the rule of law; and respect for minorities. ==Reviewable matters and legal standing== Under the authority of section 52(1) of the ''Constitution Act, 1982'', courts may review all matters of law. Accordingly, the courts have a broad reaching scope of competence. Constitutional issues come before the court through disputes between parties as well as through reference questions. The court has the discretion to hear any Constitutional issues as long as there is a sufficient legal component. The US constitutional political questions doctrine was rejected and so a political dimension to the issue does not bar it from court. Courts must be careful when considering reference questions. They are required to be careful to only answer questions that are not speculative, of a purely political nature, or unripe.〔 When answering the questions the court must retain its proper role within the constitutional framework. A party must have standing (''locus standi'') to bring a constitutional challenge to the courts. Those who wish to challenge a law can do so in one of several ways. A party who is directly affected by the law that purports to be unconstitutional has standing as of right. Likewise, rights holder may challenge any law that will limit any of their rights. Those who are not protected by a right but are nonetheless prosecuted by that law may challenge it as well. Public interest groups may also gain standing if they satisfy the requirements of the ''Borowski test''.〔, subsequently clarified in 〕 The group must demonstrate that the law raises a serious constitutional issue, the group has a genuine interest in the matter, and that there is no other reasonable and effective manner in which the issue may be brought before the Court. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Canadian constitutional law」の詳細全文を読む スポンサード リンク
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