The Written and Unwritten Constitution
An essay using the Canada in the Making site
Student Work Sheet
The Canadian Constitution is both written and unwritten, the combined
product of acts and statutes, common law judgments and accepted
political conventions. This essay will require you to examine the
written and unwritten nature of Canada's Constitution, and argue
which (if either) has a greater influence in Canada's governance.
You will write an essay from one of the following perspectives:
1. Unwritten conventions have played the greatest part in shaping
Canada's Constitution.
2. Written documents have played the greatest part in shaping Canada's
Constitution.
3. Neither written nor unwritten sources of authority have played
the greatest part in shaping Canada's Constitution.
You may find it useful to conduct your research in groups.
Background:
Your essay should describe:
For your Argument:
For the written Constitution:
Describe the impact of each of the most significant acts on government
in Canada. (See below).
For the unwritten Constitution:
What major events have helped shape government in Canada?
For all perspectives:
Consider the following:
-
The preamble to the Constitution Act, 1867. What do
think are the implications of this text?
-
Do the sections of the preamble, which set out powers of different
levels of government in the Constitution Act, 1867, increase
or decrease the influence of unwritten conventions?
-
Does the Canadian Charter of Rights and Freedoms increase
or decrease the influence of unwritten conventions? Note the
"notwithstanding" clause.
-
What is the evolutionary trend of the Canadian Constitution?
Essay Requirements
The paper should be _____________ words long. It should contain:
-
A title page with a title, your name, the course name, your
teacher's name and the date submitted.
-
A clear introduction with a thesis statement.
-
Proper citation (footnotes/endnotes or APA/MLA style, as determined
by your teacher).
-
A bibliography.
Make an effort to use primary sources to support your arguments.
These can be found on the Canada in the Making Web site.
Note on Sources
Primary sources
Primary sources represent the most authentic resources that historians
can draw upon. The documents that you will be using below may be
digitized, but are still considered primary sources. Try to use
the sources available on the "Canada's Constitutional History"
portion of the Canada in the Making Web site to strengthen
your arguments.
For tips on how to use primary sources, go to the "Using Primary
Sources in Your Work" page.
URL: http://www.canadian.org/citm/guide/essay_e.html
Secondary sources
Secondary sources are works that interpret or analyze an historical
event or phenomenon. Generally the author is at least one step removed
from the event. Although not as authentic as primary sources, secondary
sources are still valuable.
Possible Sources of Information Online
Note: It is important to choose sources that are produced
by reputable institutions or individuals. Such information is more
likely to give you a balanced, neutral view and be prepared or reviewed
by experts.
The Written and Unwritten Constitution
Canada in the Making: The Written and Unwritten Constitution
URL: http://www.canadiana.org/citm/specifique/written/written_e.html
Common Law and Civil Law
Canada in the Making: Common Law and Civil Law
URL: http://www.canadiana.org/citm/specifique/lois/lois_e.html
Responsible Government
Canada in the Making: Responsible Government
URL: http://www.canadiana.org/citm/specifique/responsable/responsable_e.html
General
Canada in the Making: Canada's Constitutional History
URL: http://www.canadiana.org/citm/themes/constitution1_e.html
The Canadian Encyclopedia
URL: http://www.thecanadianencyclopedia.com
National Archives of Canada: Canada's Constitutional Evolution
URL: http://www.archives.ca/05/051103_f.html
(French)
URL: http://www.archives.ca/05/051103_e.html
(English)
Solon Law Archives: Canadian Constitutional Documents
URL: http://www.solon.org/Constitutions/Canada/
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