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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. All acts of the Canadian law system are highly controlled by the Constitution of Canada in order for it to become enforceable in statute and to remain consistent with this Constitution. Its supreme law however is described as a much more complex process compared to a single document being ratified one time. Started as simple statutes, the independent sections of the Canadian Constitutions were ratified independently and then codified in the Constitution afterwards. There were some unwritten principles too that were further ruled in the Supreme Court of Canada relating to 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. Included in the powers of the federal government are the enforcement of criminal law, immigration enforcement, banking regulation, laws that promote peace and order in the country, and the regulation of trade and commerce in the provinces. The provincial governments on the other hand controls the areas relating to civil rights laws, hospital regulation and creation, the municipal law and government education. 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.

For the whole nation of Canada, it is the Canadian Parliament is the active federal lawmaking entity, with its powers divided into three sections that include in 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. Note that the Senate too serves similar function in the passing of the bill. Among the sections of the Parliament, it is the House of Commons that is the most important, and it contains 308 elected representatives which are to be re-elected every year. 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.

The power to create laws regarding criminal law enforcement may lie with the Canadian Parliament but each province is responsible for the administration of its provincial criminal courts which function on the basis of common law.

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