Isabella Carter
The Constitution Act of 1982 is a law enacted by the British Parliament as part of the Canada Act. When citing the act in Chicago style, it is important to note that statutes and bills are only cited in footnotes or within the text of your paper and not in the bibliography. The citation should include the names of both acts, with pinpoint references to the Canadian Charter and the Constitution Act placed immediately after the title. An example of the citation is as follows: Canadian Charter of Rights and Freedoms, s 7, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
| Characteristics | Values |
|---|---|
| Statute source | United Kingdom's Canada Act 1982 |
| Reference example | Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 |
| Section number | s # (this will change depending on the part of the Charter of Rights and Freedoms being referenced) |
| Placement | Only in footnotes or within the text of your paper, not in the bibliography |
| Author | Name of the national government |
| Agency | Agency that serves as the organisational author |
| Number of Congress | Include for congressional documents |
| Session | Include for congressional documents |
| Report number | Include for congressional documents |
Explore related products
$8.32 $8.95
What You'll Learn
Citing the Constitution Act, 1982 in footnotes
The Chicago style of referencing typically involves footnotes, which are placed at the bottom of the relevant page. Statutes are only cited in the footnotes or within the text of your paper, and not in the bibliography.
The Constitution Act 1982 is an Act of the Parliament of the United Kingdom, enacted as part of the Canada Act 1982. When citing the Constitution Act 1982 in footnotes, you should include the names of both acts in the citation. Here is an example of how to cite the act in a footnote:
> Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
This example follows the format outlined in the Canadian Guide to Uniform Legal Citation. The citation includes the name of the act ("Constitution Act"), the year it was enacted ("1982"), and the fact that it is Schedule B to the Canada Act 1982 (UK). The "c 11" at the end refers to the chapter number.
If you are citing a specific section or part of the act, you would include this information after the chapter number. For example:
> Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, s 91(24).
This example cites Part I, section 91(24) of the act. The "s" before the number indicates that it is a section number.
It is important to note that the formatting of footnotes may vary depending on the specific style guide or requirements of your institution or publication. Always refer to the specific guidelines provided to ensure your citations are correct and consistent.
Harassment for Money: Understanding Your Rights on Phone Calls
You may want to see also
The Canada Act, 1982 (UK), 1982, c 11
The Chicago Manual of Style (17th Edition) provides guidelines for citing government and legal documents, including statutes and bills. While it does not specifically mention citing The Canada Act, 1982 (UK), there are some general principles that can be followed to create a Chicago-style citation for this legislation.
Firstly, it is important to note that statutes are typically only cited in footnotes or within the text of a paper, and they are not included in the bibliography. However, if the statute is included in a secondary source, such as a book, then the book would be cited in the bibliography.
Now, let's break down the components of the citation for The Canada Act, 1982 (UK), c 11:
Country and Legislative Body:
Start with the country and legislative body responsible for enacting the legislation. In this case: "United Kingdom. Parliament."
Provide the title of the act and the year of enactment. Here, it would be: "Canada Act, 1982."
Chapter and Schedule Information:
Include the chapter number, denoted as "c," and the schedule information. For The Canada Act, this would be: "c. 11, Schedule B."
Putting this together, a basic citation for The Canada Act, 1982 (UK), in Chicago style could look like this:
> United Kingdom. Parliament. Canada Act, 1982, c. 11, Schedule B.
Additionally, it is worth noting that The Canada Act, 1982 (UK), enacted the Constitution Act, 1982, for Canada. If you are specifically citing the Constitution Act, 1982, as part of The Canada Act, your citation would include both acts:
> Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
This format includes the names of both acts, following the example provided in the Canadian Guide to Uniform Legal Citation.
Remember to consult the most recent edition of the Chicago Manual of Style or specific style guides for legal citations, such as the Canadian Guide to Uniform Legal Citation, for more detailed and updated instructions on citing legal documents.
Citing the Constitution: APA Style Guide
You may want to see also
The Canadian Charter of Rights and Freedoms
The Charter guarantees certain political rights to Canadian citizens and civil rights to everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The rights and freedoms in the Charter are not absolute and can be limited to protect other rights or important national values. For example, while the Charter gives some rights only to Canadian citizens, such as the right to vote (Section 3) and the right "to enter, remain in and leave Canada" (Section 6), it also guarantees the rights of everyone in Canada to freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.
The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional document. The Bill of Rights exemplified an international trend towards formalizing human rights protections following the United Nations' Universal Declaration of Human Rights. However, the Bill of Rights did not contain all of the rights that are now included in the Charter, omitting, for instance, the right to vote and freedom of movement within Canada.
The inclusion of a charter of rights in the patriation process was a much-debated issue. While Trudeau's proposal for a just society and a bill of rights that would include fundamental freedoms, democratic guarantees, legal rights, language rights, and equality rights gained popular support, it was opposed by provincial leaders who objected to the potential limits on their powers. The British Parliament also cited their right to uphold Canada's old form of government.
When citing the Canadian Charter of Rights and Freedoms in the Chicago style, it is important to note that legal documents are only cited in the footnotes or within the text of the paper. They are not included in the bibliography unless they are included in a secondary publication such as a book, in which case the book would be cited in the bibliography. The citation should include the name of the national government, followed by the agency or any relevant subdivisions or agencies.
Blackstone's Influence on the Framers of the Constitution
You may want to see also
Explore related products
Amendments to the Constitution of Canada
The Chicago style of citation does not recommend including access dates in the citation unless the date of publication or last revision for the source cannot be located. When citing a statute, include the author of the publication if they are identified. If no author is identified, start with the name of the national government, followed by the agency (including any subdivisions or agencies) that serves as the organisational author. Statutes are only cited in the footnotes or within the text of your paper, not in the bibliography.
Now, turning to the topic of amendments to the Constitution of Canada, it is important to note that before 1982, changes to Canada's constitution were primarily made by amending the British North America Act, 1867 (now the Constitution Act, 1867). This was unique compared to other constitutions, as there was no amending formula; instead, amendments were enacted through Acts of the Parliament of the United Kingdom ("Imperial Parliament"), known as the British North America Acts. During this time, Canada allowed the UK Parliament to retain the authority to amend its constitution, even as other Commonwealth countries took over this power after the Statute of Westminster 1931.
In 1982, with the enactment of the Constitution Act, 1982, Canada assumed full sovereignty over its constitution. Since then, amendments have been made using one of five amending formulas, which require the consent of various combinations of the House of Commons, the Senate, and provincial legislatures. An example of this is Section 43 of the Constitution Act, 1982, which states that if a constitutional amendment only affects a single province, only the assent of the two houses of Parliament and that province's legislative assembly is required. Eight of the thirteen amendments passed since 1982 have fallen under this category.
Additionally, Section 41 of the Constitution Act, 1982, also known as the "unanimity formula," outlines that certain parts of the constitution can only be modified with the unanimous consent of all provinces and the two Houses of Parliament. Furthermore, Section 47 allows for an amendment to be made without a resolution from the Senate under specific conditions, and Section 45 grants each province the power to modify its constitution, provided the changes do not concern matters outlined in Section 41.
Constitutional Initiative: Democracy in Action
You may want to see also
Citing the Constitution Act in a bibliography
The Chicago Manual of Style (17th Edition) provides guidelines for citing government and legal documents, including statutes and bills. While it offers specific instructions for US government documents, it does not provide citation formats specific to the Canadian Constitution Act 1982.
When citing the Canadian Constitution Act 1982 in a bibliography, it is essential to follow the appropriate style guide for legal citations, such as the Canadian Guide to Uniform Legal Citation or the McGill Guide. Here are some key considerations and examples to help you properly cite this legal document:
- Basic Format: The Canadian Constitution Act 1982 is cited as part of the Canada Act 1982 (UK). The basic format for citing this Act is as follows: "Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11." This format includes the name of the Act, the year it was enacted, the schedule it belongs to, and the country and year of the overarching Canada Act.
- Citing Specific Sections: When referencing specific sections within the Constitution Act, such as the Canadian Charter of Rights and Freedoms, you should include the relevant section or part number. For example: "Canadian Charter of Rights and Freedoms, s 7, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11." Note that the section number (s #) will vary depending on which part of the Charter you are citing.
- Pinpoint References: According to the Canadian Guide to Uniform Legal Citation, pinpoint references to the Canadian Charter and the Constitution Act, 1982, are placed immediately after the title. For other constitutional statutes, place pinpoint references after the chapter number.
- Referencing in Text and Footnotes: The Chicago Manual of Style specifies that statutes and bills are typically cited in footnotes or within the text of your paper, rather than in the bibliography. However, if you are referencing a secondary publication, such as a book that includes discussion of the Constitution Act, you would cite that book in the bibliography.
- Author and Date Information: The Chicago style recommends including the author of a publication whenever possible. For government documents, if an individual author is not identified, begin with the name of the national government and the relevant agency or organizational subdivision. Additionally, Chicago style suggests including access dates in the citation only if the date of publication or last revision cannot be located.
By following these guidelines and the specific formats provided by legal citation guides, you can accurately cite the Canadian Constitution Act 1982 in your bibliography, ensuring proper academic attribution and facilitating further research.
The American Constitution: Democracy Examined by Robert Dahl
You may want to see also
Frequently asked questions
Canadian Charter of Rights and Freedoms, s 7, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
The Chicago style does not require you to cite statutes in the bibliography unless they are included in a secondary publication such as a book. In that case, you would cite the book in the bibliography.
The Canadian Charter of Rights and Freedoms is a Canadian law, so use the McGill Law Journal's Canadian Guide to Uniform Legal Citation rules, not APA Style rules. If you are using both styles, check with your instructor about including the bibliography entry for the Canadian Charter of Rights and Freedoms in the list of references.
Canadian Charter of Rights and Freedoms, s 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11. The section number will change depending on which part of the Charter of Rights and Freedoms you are referencing.
