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公告 |
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Enactment of the Charter of Rights
junshan0202 发表于 2012/7/24 17:48:00 |
The patriation of the Canadian Constitution was achieved in 1982 when the British and Canadian parliaments passed parallel acts – the ([UK] 1982, c.11) in London, and the in Ottawa. Thereafter, the United Kingdom was formally absolved of any remaining responsibility for, or jurisdiction over, Canada; and Canada became responsible for her own destiny. In a formal ceremony on Parliament Hill in Ottawa, the Queen signed both acts into law on April 17, 1982.The Canada Act/Constitution Act included the . Prior to the charter, there were various statutes which protected an assortment of civil rights and obligations, but nothing was enshrined in the constitution until 1982. The charter has thus placed a strong focus upon individual and collective rights of the people of Canada.
Enactment of the Charter of Rights and Freedoms has also fundamentally changed much of Canadian constitutional law. Before the charter, civil rights and liberties had no solid constitutional protection in Canada. Whenever one level of government passed a law that seemed oppressive to civil rights and liberties, Canadian constitutional lawyers had to argue creatively, such as by saying that the oppressive law violates division of federal and provincial powers or by citing some other technical flaw that had little to do with the concept of civil rights and liberties. Even the Moncler
Down Jackets Women, which does have constitutional status in Canada, was occasionally called into service in legal argument. Since 1982, however, the arguments have been easier to make, because lawyers have been able to cite the relevant sections of the constitution rather than rely upon legal abstraction. |
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