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Constitution of Quebec information


The constitution of Quebec comprises a set of legal rules that arise from the following categories:[1]

  • The established provisions of the Clergy Endowments (Canada) Act 1791, also known as the Constitutional Act of 1791, pertaining mainly to Lower Canada (Quebec),[citation needed]
  • The provisions of the British North America Act, 1840, also known as the Union Act 1840, that combined the provinces of upper and lower Canada into a single one, divided administratively as Canada West, and Canada East, respectively,[citation needed]
  • The provisions of the Constitution Act, 1867 pertaining to the provinces of Canada in general and Quebec in particular;[2]
  • The organic laws regarding the distribution of powers of Quebec and the individual rights of persons: some fifteen Quebec laws, the main ones being An Act respecting the National Assembly,[3] the Executive Power Act,[4] the Election Act,[5] the Referendum Act,[6] the Charter of human rights and freedoms, the Charter of the French language, etc.;[2]
  • Most of the constitutional conventions concerned with the Crown of Canada, the Executive and the Parliament;[7]
  • The common law rules on the royal prerogative exercised by the Lieutenant Governor of Quebec;[7]
  • The constitutional case law of the courts of Quebec and the federal courts of Canada.[7]

The Parliament of Quebec has the power to modify certain parts of Quebec's provincial constitution, while certain other parts can only be modified by going through the process of amending the Constitution of Canada.[2]

  1. ^ Jacques-Yvan Morin, José Woehrling, Les constitutions du Canada et du Québec: du régime français à nos jours. Tome premier. Études, 1992, p. 141
  2. ^ a b c Jacques-Yvan Morin, José Woehrling, Les constitutions du Canada et du Québec: du régime français à nos jours. Tome premier. Études, 1992, p. 142
  3. ^ An Act respecting the National Assembly, R.S.Q. c. A-23.1
  4. ^ Executive Power Act, R.S.Q. c. E-18 Archived 2012-07-30 at archive.today
  5. ^ Election Act, R.S.Q. c. E-3.3
  6. ^ Referendum Act, R.S.Q. c. C-64.1 Archived 2012-08-04 at archive.today
  7. ^ a b c Jacques-Yvan Morin, José Woehrling, Les constitutions du Canada et du Québec: du régime français à nos jours. Tome premier. Études, 1992, p. 143

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