COMPARISON OF CONSTITUTIONAL SYSTEMS OF UNITED STATES OF AMERICA AND CANADA

Abstract

The Constitution of the United States of America since 1787, not only is the oldest valid constitution in the world, but is one of the oldest written constitutions in general; constitution in the sense of the basic law which in one document prescribes the organization of a particular state. The constitutional interpretation technique in the United States is carried out by the Constitutional Court. It assesses the constitutionality of laws and other regulations. Constitutional customs have supplemented the gaps in the Constitution. One such statement is that “Members of the House of Representatives must have domicile in their constituency” 1, while the Constitution only requires that they be citizens of the state in which they are elected. The Constitution of Canada is in fact the supreme law in Canada and represents a set of written laws and unwritten customs and conventions. The provision of the Constitution of Canada is given in subsection 52 (2) of the Constitutional Act 1982, which states that the Constitution of Canada consists of the Act of Canada 1982 (including the Constitutional Act 1982) and all other constitutional acts, as well as their amendments. The Supreme Court of Canada interprets that the Constitution of Canada consists of numerous unwritten customs and conventions.