|
The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (UK)) is a part of the Constitution of Canada. The act was introduced as part of Canada's process of patriating the constitution, introducing several amendments〔Section 20 of the BNAA was replaced by section 5 of the Constitution Act, 1982; section 51 was amended; section 91(1) and 92(1) were repealed; section 92A was added; section 94A was amended.〕 to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867. Elizabeth II, as Queen of Canada, brought the act into effect with a proclamation she signed in Ottawa on April 17, 1982. The Canadian Charter of Rights and Freedoms forms the first thirty-five sections (counting Section 16.1 and not counting Section 35) of the Constitution Act, 1982. As of 2015, the government of Quebec has never formally approved of the enactment of the act, though formal consent was never necessary.〔Quebec Veto Reference- Reference re Amendment to the Canadian Constitution () 2 S.C.R. 793.〕 Nonetheless, it has remained a persistent political issue in Quebec. The Meech Lake and Charlottetown Accords were designed to secure approval from Quebec, but both efforts failed to do so. ==Charter of Rights and Freedoms== (詳細はbill of rights. The Charter is intended to protect certain political and civil rights of people in Canada from the policies and actions of all levels of government. It is also supposed to unify Canadians around a set of principles that embody those rights.〔Saunders, Philip. ("The Charter at 20" ), ''CBC News Online'', April 2002. Retrieved March 17, 2006.〕〔Trudeau, Pierre Elliott. ''Memoirs'', Toronto: McClelland & Stewart, 1993, pages 322–323.〕 The Charter was preceded by the Canadian Bill of Rights, which was introduced by the government of John Diefenbaker in 1960. However, the Bill of Rights was only a federal statute, rather than a constitutional document. Therefore, it was limited in scope and was easily amendable. This motivated some within government to improve rights protections in Canada. The movement for human rights and freedoms that emerged after World War II also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights.〔Hogg, Peter W. ''Constitutional Law of Canada''. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 689.〕 Hence, the government of Prime Minister Pierre Trudeau enacted the Charter in 1982. One of the most notable effects of the adoption of the Charter was to greatly expand the range of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights. The courts, when confronted with violations of Charter rights, have struck down unconstitutional statutes or parts of statutes, as they did when Canadian case law was primarily concerned with resolving issues of federalism. However, the Charter granted new powers to the courts to enforce more creative remedies and to exclude more evidence in trials. These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada's mother country the United Kingdom, was based upon Parliamentary supremacy.〔Weinrib, Lorraine Eisenstat. "Trudeau and the Canadian Charter of Rights and Freedoms: A Question of Constitutional Maturation." In ''Trudeau's Shadow: The Life and Legacy of Pierre Elliott Trudeau.'' Edited by Andrew Cohen and JL Granatstein. Vintage Canada, 1998, pages 271-272.〕 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「Constitution Act, 1982」の詳細全文を読む スポンサード リンク
|