The document provides an overview of the constitutions of the USA, UK, and Canada, detailing their fundamental structures and amendment processes. It explains key components such as the principles behind the US Constitution, including the legislative, executive, and judicial branches; the uncodified nature of the UK constitution with its reliance on statutes and conventions; and Canada's Constitution Acts which outline the governance framework and amendment procedures. Notably, it discusses the concept of parliamentary sovereignty in the UK and the federal structure in Canada, emphasizing the importance of compromise and the rule of law across these nations.

1. Constitution of USA, UK and Canada
Shreyas Vyas(PhD in Law)
Faculty
NISM

2. UNDERSTANDING
THE UNITED STATES CONSTITUTION

3. THE BASICS
The United States Constitution is the highest law in our country.
• All of our laws come from the Constitution.
• It says how the government works.
• Article 1 creates the Congress (Legislative Branch).
• Article 2 creates the Presidency (Executive Branch).
• Article 3 creates the Supreme Court (Judicial Branch).
• Article 4 defines states’ powers, they must recognize each others laws.
• Article 5 describes the amendment process.
• Article 6 Federal laws are above all others.
• Article 7 Ratification; how to approve it.
Each state also has a constitution, they are the highest laws for that state — but the
United States Constitution is the highest law of the land.

4. A “LIVING” DOCUMENT
• The Constitution is a living document because it can be changed. It is changed by an
amendment.
• The first 10 amendments are called The Bill of Rights. By defining these rights in the
Constitution, they are federally guaranteed to all.
• There have been 27 amendments. Not all of them involve rights, but many do.
• Article 5 describes the amendment process; two-thirds or 66% of each house of Congress
(House of Representatives & Senate) must approve, then ratified by three-fourths or 75% of
the legislatures of the states.

5. A SHORT HISTORY OF THE CONSTITUTION
• The Constitution was written in 1787 by a group of men known as the
Framers. They fiercely debated what should be in the Constitution of
our brand new country.
• The Articles of Confederation did not work very well. Shays’
Rebellion showed the Framers the need to find a new way to run the
country.
• Delegates of The Constitutional Convention met in Philadelphia, they
included: James Madison, Benjamin Franklin, & George Washington.
• Anti-federalists insisted on a Bill of Rights which became the first 10
amendments to the original Constitution.

6. A SHORT HISTORY OF THE CONSTITUTION (cont.)
• In 1787, there were only 13 states. All states, except Rhode Island, sent
delegates to the convention. Each state had its own ideas for the new
government.
• There was the New Jersey Plan, The Virginia Plan, The Great
Compromise, The 3/5ths Compromise, many opinions and issues had to
be accommodated to unite the States. The key to becoming united was
compromise!

7. THE PREAMBLE
• The Preamble to the Constitution has no force in law; instead, it
establishes the “Why” of the Constitution, explaining why this
document exists.
• It reflects the desires of the Framers to improve on the government
they currently had (to be “more perfect” than the Articles of
Confederation), to ensure that our government would be just, and
would protect its citizens from internal strife and from attack from
the outside.
• It would be of benefit to the people, rather than to their detriment. It
perhaps more importantly, it intended to do the same for the future
generations of Americans.

9. AMENDMENTS
• When the Constitution was written, the Framers knew their creation was not perfect. They knew
that other people would have good ideas for the Constitution and wanted to be sure that it wasn't
too hard to make changes or, for that matter, too easy.
• The Framers created an amendment process. An amendment to the Constitution is a change that
can add to the Constitution or change an older part of it.

10. • The original Constitution had no bill of rights. Many of the Framers did not think
it was needed (Federalists), others disagreed (Anti-federalists), so promises were
made to add one using the amendment process.
• Soon, the new government started meeting. Congress proposed The Bill of
Rights. A list of twelve changes was sent to the states. In 1791, ten of those
changes were agreed to by the states. The ten changes were added to the
Constitution.
• These first ten amendments are known as “The Bill of Rights”.
AMENDMENTS (cont.)

11. THE BILL OF RIGHTS
• The Bill of Rights identifies 10 specific freedoms. The First Amendment deals with…

12. HOW THE CONSTITUTION WORKS

14. THE LEGISLATIVE BRANCH
• The Legislature, called Congress,
makes laws. It is bicameral or
composed of two parts. The upper
house is the Senate, & the lower
house is the House of
Representatives.
• In the Senate all states are equally
represented (2 senators per state) in
the House of
Representatives, states are
represented proportionally based
upon their population.

15. THE SENATE
• The are two Senators from each
state. Since we have 50 states there
are 100 Senators. The people elect
Senators in public elections.
Senators must…
• Be 30 years old
• Be a US citizen for 9 years
• Be a citizen of the state they
represent
• Serve a 6 year term
Current Arizona Senators
Kyrsten Sinema Mark Kelly

16. THE HOUSE OF REPRESENTATIVES
• Representatives are from a district within a state and represent the people in that district.
The people have the right to tell them how they feel about issues. Currently there are 435
Representatives. Their number is based on population. Both states & territories ( i.e.
Puerto Rico, Guam, & American Samoa) are represented. Arizona currently has 9
representatives in the House of Representatives.

17. THE UNITED STATES CAPITAL BUILDING

18. THE LEGISLATIVE BRANCH
• When the Congress wants to pass a law, both the House and the Senate must agree to
the exact same law. If they cannot agree, then the law cannot pass.
• A proposed law is called a bill and is given a number. Either house can propose a bill
but both must agree on it. Senate Bill 98703 and House Bill 98758 might be two
versions of the same bill.

19. THE EXECUTIVE BRANCH

20. THE WHITE HOUSE
The White House is the official residence & office of The
President. Cabinet members & the VP work there too.

21. THE EXECUTIVE BRANCH
• The role of the Executive Branch is mainly to make sure the law is carried out &
includes all forms of law enforcement. The President heads the executive which
includes his cabinet.
• Under the president are all cabinet members and department heads (called Secretaries)
who report directly to the president.
• The cabinet includes the vice president and 15 departments, plus the attorney general.
• The Secretaries of all the departments report to the Executive such as: Homeland
Security, Education, EPA, Defense, Agriculture, Energy, Justice, Labor,
Transportation, & others.
• The Directors of the FBI and the CIA report to the president, but they are not a part of
the president’s cabinet.

22. THE UNITED STATES SUPREME COURT

23. THE SUPREME COURT JUSTICES
The Courts term begins the first Monday of October and ends the first Monday of
October of the following year. They observe holidays and take vacation during
recesses.

25. THE JUDICIAL BRANCH
• The third branch is the Judiciary. Its role is to interpret the law. The
federal court system is headed up by the Supreme Court because it is the
highest court in the land. Supreme Court Judges are nominated by the
President and approved by the Senate. They serve for life but can
choose to retire at any age. States have their own court systems
including their own Supreme Courts which have final say on state laws,
except for the federal courts and of course The Supreme Court.

26. JUDICIAL REVIEW
• It is the ability of a court to examine & decide if a statute, treaty or administrative regulation
contradicts or violates the provisions of existing law, a State Constitution, or ultimately The United
States Constitution.
• While The Constitution does not explicitly define a power of judicial review, the authority for
judicial review has been inferred from the structure, provisions, and history of The Constitution.
• Judges examine a law or government activity and decide if it violates the constitution. Established
1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority
for judicial review to strike down a law as unconstitutional.

27. UNDERSTANDING
THE UNITED KINGDOM CONSTITUTION

28. Constitutional Law of UK

29. Introduction
• The UK is often said to have an ‘unwritten’ constitution. This is not strictly correct. It is largely written but in
different documents. But it has never been codified, brought together in a single document. In this respect, the
UK is different from most other countries, which have codified constitutions.
• But the UK does have a constitution, to be found in leading statutes, conventions, judicial decisions, and
treaties.
Examples of constitutional statutes include the Bill of Rights 1689, Acts of Union 1707 and 1800, Act of
Settlement 1701, Parliament Acts 1911 and 1949, Human Rights Act 1998, Scotland Act, Northern Ireland Act
and Government of Wales Act 1998.
Examples of conventions include that the monarch acts on ministerial advice; that the Prime Minister sits in
the House of Commons; that the Queen appoints as Prime Minister the person most likely to command the
confidence of the House of Commons. These and other conventions have been codified in documents such as
the Cabinet Manual.
• Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This is
the ultimate law-making power vested in the UK parliament to create or abolish any law. But parliament can
limit its law-making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act.
Other core principles of the British Constitution include the rule of law, the separation of government into
executive, legislative, and judicial branches, the accountability of ministers to parliament, and the
independence of the judiciary.

30. • Unlike France, Italy and many other places, the UK did not experience a
revolution or moment of political rupture in the late eighteenth century or
nineteenth century, when written constitutions were at their most popular
after the American Revolutionary War.
• Unlike in the United States, where the constitution is the ‘supreme law’ the
UK system has no clear concept of a ‘higher law’: there is no clear
distinction between what is a constitutional law and what is a regular law.
This also means there are no special procedures for changing the
constitution itself in the UK.
• The UK constitution can be altered relatively easily by the government of
the day, meaning it changes more frequently than many other constitutions.
It is often said that the UK Parliament is ‘sovereign’. This parliamentary
‘sovereignty’ means that Parliament can make or unmake any law, without
being limited by a constitutional text.

31. SOURCES OF THE UK CONSTITUTION
• The sources of the UK constitution are various, including both law and other less formal documents, without
legal force.
Acts of the UK Parliament
Conventions
Common law
Authoritative works
KEY REFORMS HAVE BEEN MADE TO THE UK CONSTITUTION OVER TIME
1536/1543:Two laws now known as the ‘Acts of Union between Wales and England legally incorporated
Wales into England.
The Bill of Rights: It was a statute of particular constitutional importance in firmly establishing the authority
and independence of parliament in relation to the monarch.
The Act of Settlement 1701: It also contained important constitutional provisions relating to the
independence of the judiciary. The Act protected the salaries and positions of judges, aiming to give them the
security to enforce the law without fear of retribution.

33. • The Treaty and Acts of Union of 1706-1707: It provided for the union of Scotland and England. Two
Acts were passed, one by the English Parliament and one by the Scottish Parliament, implementing the
Treaty of Union. Whilst England and Scotland had the same monarch since 1603, they retained separate
legislatures. After the Acts of Union, they united to form a single legislature: the Parliament of Great
Britain, and a single state. Nonetheless, Scotland retained its own legal system, arrangements for
education, local government, and religion.
• Act of Union 1800: Brought about a Union of Ireland and Great Britain.
• The Parliament Acts 1911 and 1949: Established in law the primacy of the House of Commons and
reduced the power of the House of Lords. The Acts meant that the Lords could in most cases no longer
veto the legislation if the Commons was determined to pass it. Bills could be presented for Royal Assent
without the approval of the second chamber, as long a certain amount of time had elapsed and certain
other conditions were met. The Lords no longer had any power at all to reject bills certified as relating
to financial matters, giving the Commons clear control over money.
• The European Communities Act 1972: Provided for the UK’s ascension to the EU.
• The Human Rights Act 1998: It gave direct effect in domestic law to the rights contained within the
European Convention on Human Rights.
• The European Union (Withdrawal) Act 2018: It repealed the European Communities Act 1972, thus
removing the provision that EU legislation automatically takes effect as domestic law in the UK.

34. • Executive….
• Body or bodies that put the law into effect
• Legislature….
• Body or bodies that make laws
• Judiciary ….
• Body or bodies that settle disputes arising from
application or interpretation of the laws

35. • Federal
• Various powers of government are divided between different
geographical units and a central government
• Unitary
• Ultimate power is held by a central government

36. • Unicameral
• A single law making authority
• Bicameral
• Two legislative assemblies which act as a check on the other

37. • What does the UK constitution look like?
• It is uncodified
• Made up of legislation/cases/conventions
• Executive = The Government
• Legislative = Parliament
• Judiciary = Supreme Court
• It is unitary (but devolution)
• It has a bicameral system (House of Commons and House of Lords)

38. Separation of Powers
• Separation of powers is….
1. The separation of personnel and functions of government
2. Bodies providing ‘checks and balances’ on the power of other bodies

39. Governance in Canada

41. Written Canadian Constitution
The Constitution Act of 1867
• It is a significant written component of the Canadian Constitution. The Dominion of Canada was established by the
British Parliament’s Constitution Act of 1867. It outlines the fundamental makeup of the Canadian government.
• The Constitution Act of 1867 establishes the Senate, the judiciary, and provincial legislatures among other things. It
also outlines the distribution of authority between the federal and provincial governments.
Constitution Act of 1982
• The British Parliament had authority over Canada’s Constitution up until 1982. In, 1982, both the federal and
provincial governments ratified the Constitution.
• Despite the 1982 patriation of Canada’s Constitution, the Constitution Act of 1867 is still in full force. There are
various sections to the Constitution Act of 1982.
• Additionally, it outlines the procedures for amending the Constitution. Because the majority of provinces must
concur on significant changes and as provinces frequently differ on critical matters, these requirements make it
difficult to modify the Constitution.
• The Canadian Charter of Rights and Freedoms is a part of it. It safeguards Aboriginal peoples’ rights. It states that
courts have the authority to “knock down” unlawful laws and that the Constitution is the highest law in Canada.
• Probably the most well-known written portions of the Constitution are the 1867 and 1982 Acts. This indicates that
Canada was given complete sovereignty over its Constitution by the British Parliament.

42. The Key features of the Canadian Constitution
Parliament and the Legislatures
• The Senate and the House of Commons make up the federal parliament, along with the monarch.
• The prime minister selects senators, who are then formally appointed by the governor-general. They
serve till the age of 75. (They held their positions until 1965.)
• Members of Parliament (MPs) who serve in the House of Commons are chosen by the general public. At
least every five years, a general election is held. The House of Commons allots seats based mostly on the
population of each province and territory. There should be at least as many senators as representatives
from each province.
• Before becoming law, new bills must be approved by both houses of Parliament and the governor-
general. The monarch is granted executive authority.
• The governor-general, whose authority is closely constrained by both constitutional convention and
statutory law, exercises it at the federal level. In reality, this implies that a prime minister and cabinet lead
the executive. For government issues, they are answerable to Parliament.
• A lieutenant governor and a single legislative body make up each province’s legislature. At least once
every five years, the house is elected. When they joined Confederation, Quebec, Nova Scotia, New
Brunswick, Prince Edward Island, and Manitoba all had two-house legislatures. They all eventually
abolished the upper house. Similar to how it is done at the federal level, executive power is used.
• The premier runs the government, while the lieutenant governor represents the monarch.

43. Procedure for Amending the Canadian Constitution
• The formula amendments to the Canadian constitution were devised by the authors of Canada’s
revised Constitution. Sections 38 through 49 of the Constitution Act of 1982 list them. The provinces all
wanted to ensure they had a role in any Constitutional amendments, therefore it was difficult to create
the formulas.
General Formula
• The usual procedure for amending the Constitution is using the general formula.
• The general formula is required unless the Constitution specifies that another formula may be applied.
• The general formula is also required for particular amendments indicated in Section 42, such as altering
Senators’ selection process and powers. New provinces would also be created using this approach.
• According to the general formula, a modification to the Constitution requires the consent of three
bodies: the federal Parliament, the Senate, and a certain number of province legislatures.
• At least seven provinces, or at least 50% of Canada’s population, must consent to the move. It is also
known as the 7+50 rule.
• This means that in order for an amendment to be successful, provinces with sizable populations will
likely need to approve the amendment.
• However, without the assistance of provinces with lower populations, the change cannot take place.

44. Governance in Canada
• Canada is a federal state, parliamentary democracy and constitutional
monarchy.
• A federal state brings together a number of different political communities
with a central government (federal) for national matters and separate local
governments (provincial/territorial) for local affairs.
• As a parliamentary democracy, we elect members to our parliament and
legislatures across the country.
• As a constitutional monarchy, Canada’s head of state is a hereditary sovereign
(queen or king), who reigns in accordance with the Constitution.

45. Three Levels of Governance
• Canada is a very large country with different needs and interests.
• In order to meet the needs of citizens, the Canadian government is
structured into a three-level system: federal, provincial/territorial and
municipal/local.
• Each level has its own arrangement of elected and appointed officials
as well as a unique set of responsibilities.

46. Three Branches of Government
• Legislative Branch: Creates laws, rules and regulations under federal
jurisdiction. The legislative branch is made up of federal elected
representatives called Members of Parliament.
• Executive Branch: Responsible for government operations, and
implementing and enforcing laws and regulations. Includes the Queen’s
representative (the governor general) and cabinet ministers (appointed by the
prime minister).
• Judicial Branch: Interprets the law and determines the penalty for those who
violate established laws, rules and regulations. Includes the Canadian court
system, which is headed by the Supreme Court and nine appointed judges

47. Provincial/Territorial
• The elected representatives are called Members of the Legislative
Assembly (MLAs), Members of Provincial Parliament (MPPs),
Members of the National Assembly (MNAs) or Members of the House
of Assembly (MHAs), depending on the province or territory.
• Elected representatives debate and pass laws at the provincial or
territorial legislature.
• The leader of the government is called the premier.
• The King is represented by a lieutenant governor in Canada’s ten
provinces and by a territorial commissioner in the three territories.

48. Municipal/Local
• The elected representative at the municipal level is called a councillor
or alderman.
• The head of the council is called a mayor, reeve or chairperson.
• The size and structure of the council differs depending on the
population it represents.

49. Section 91-95, Constitution
• When they chose a federal form of government, the Canadian Fathers of
Confederation assigned particular responsibilities to the federal and
provincial governments (outlined in Sections 91–95, Constitution Act).
• This division of powers is based on the idea of subsidiarity, meaning that
the government level closest to the issue governs it.
• Municipal/local governments receive powers from their province or
territory.

50. Division of Responsibilities
• Federal: Justice, citizenship and immigration, national Defence, currency,
public safety, fisheries and oceans
• Provincial/Territorial: Education, healthcare delivery, environment,
energy
• Municipal/Local: Road maintenance, water and sewer service, recreation
and community facilities, libraries, police protection services