The NCA Constitutional Lawdefines the limit of the state and creates the structures for the state, the highest law by which all the government actions and different law must comply is the Canadian NCA Constitutional Law. Here we discuss the importance for a candidate wishing to appear in the NCA exam to understand the syllabus and principles necessary for understanding and applying the provisions of the constitution in practice.
Divisions in portions
The first portion of the syllabus is to read and understand the nature and sources of the Canadian NCAConstitutional Law, this must be followed by reading and understanding the procedures for amending the constitution, after that the introduction to the federal nature of the Canadian state must be read, the part of the judiciary in the maintenance of the federal division of legislative powers is the next component to be read and finally the general principles of constitutional understanding.
The second portion of the readings must cover the detail recite of the division of legislative powers in segments of the Constitution Act, 1867. Here, the readings begin with an inspection of the doctrine of federal paramountcy, after the doctrine the reader must then turn to a study of the paramount legislative powers, including the federal powers that are related to peace, order and good government, trade and commerce and criminal law and the provincial influence in relation to property and civil rights in the province.
The third portion of the readings should assess the rights and freedoms protected by the Canadian constitution, these include the rights and freedoms secured by the Canadian Charter of Rights and Freedoms. Here, the readings begin with an analysis of the language rights protected by the Constitution Act, 1867, the Manitoba Act and the Charter. The next topic that should be covered is the separate constitutional position of Aboriginal peoples, here examine the federal and provincial abilities to pass laws in relation to Aboriginal peoples and lands, and the Aboriginal and treaty rights ingrained in s.35 of the Constitution Act, 1982. After that focus on four of the vital rights-protecting necessities of the Charter – freedom of conscience and religion, life, freedom of expression, security, liberty, and equality rights – in addition to the provisions dealing with the claim of the Charter, the notwithstanding clause, reasonable limits, and remedies.
The required readings contain the appropriate necessities of the transcript of the constitution, leading Supreme Court’s foremost cases in the country and related chapters from the important English-language textbook on Canadian constitutional law: Peter Hogg, Constitutional Law of Canada, Student Edition. The case law that is required to read is open in case reporters in law libraries. Candidates that are willing to sit in the exam should buy a copy of the most freshly published student edition of Professor Hogg’s textbook. It contains all the chapters included in the required readings. The book from Professor Hogg is also offered in law libraries in a loose-leaf setup updated annually.
Candidates are recommended to use the most recent student edition of the Hogg book when completing the readings, because it will contain the most recent study of recent developments. Candidates should make regular mention to the texts of Canadian constitutional documents applicable to the topics covered in this course, especially the provisions of the Constitution Act, 1867 and the Constitution Act, 1982 that are included on list of required readings. People who are interested in buying a distinct volume containing a more thorough collection of constitutional documents although it might not be necessary, the best volume is BW Funston and E Meehan. The Department of Justice also announces a handy volume entitled A Consolidation of the Constitution Acts 1867 to 1982, available online.
Candidates should have a goal to develop an understanding of the basic principles of Canadian constitutional law that begins with the text of the Constitution Acts and is then extended by the ideologies developed through judicial understanding of the text apparent in the important cases listed on the syllabus. Considering the language of the constitutional text, the bulk of Canadian constitutional law is a produce of judicial interpretation set out in the reasons in particular cases or reference opinions. The Hogg textbook should provide to provide historical context and clear summaries of the law. However, candidates are advised against focusing their study exclusively on the readings from the Hogg textbook. Hogg’s textbook is a useful resource, but it is also important to give attention to the study of the constitutional provisions and the prominent judicial decisions listed on the syllabus.
Considering the overall syllabus and the number of topic and also the important contents a candidate must cover, we are here to guide because we offer NCA Exam Preparationfor willing candidates.