C A N A D A With the Constitution Act of 1982, including the Charter of Rights and Freedoms, constitutional

emphasis in Canada has been significantly shifted from the diversity of the provinces to the
diversity of the nation under “pan-Canadianism.”

General Information With an area of about 10 million square kilometers, Canada, whose name is derived from the
Huron-Iroquois word Kanata (settlement), is the second largest country in the world. Situ-
ated north of the United States’ forty-eight contiguous states, it is bounded on the west by
the Pacific Ocean and Alaska, on the north by the Arctic Ocean, and on the east by the
Atlantic Ocean. In addition to bordering on all the Great Lakes except Lake Michigan,
Canada is endowed with many large and small bodies of water. Ottawa is the capital of this
country of nearly 33 million inhabitants.
A highly industrialized country, Canada is in the top ten countries of the world in the
value of its annual goods and services produced, and its citizens enjoy a standard of living
nearly equal to that in the United States. Its chief crops include wheat and tobacco; its
major exports are vehicles and parts, oil, timber, and wood pulp. The United States, Japan,
and countries in the European Union are Canada’s major trading partners.

Type of Government: Parliamentary constitutional monarchy, with a monarch (the queen of

England), a governor-general, a prime minister and cabinet, a bicameral legislature, and a
judiciary

Dates of Constitutions: 1763, 1791, and 1867 (significantly amended in 1982)

Constitutional History Just as social and economic conditions inform the constitutional process, so the geography of
a country shapes the social and economic processes. Nowhere is this fact more evident than in
the development of Canada. Unlike the other countries of the New World, Canada retains two
strong links to its European history—British and French language and culture. The seeds of
both took root in soil that also nurtured more than fifty aboriginal Indian nations and other
native populations, who are today seeking the right of self-government. An agreement ratified
in 1992 granted the Inuits in the Northwest Territory the right of self-government by 1999.
The human history of North America dates from around 12,000 b.c. The earliest inhabitants
probably arrived via a land bridge between Siberia and Alaska. By the time of Columbus’s first
voyage, the Northeast was home to two linguistically similar tribes: the Algonquians and the
Iroquois. In the Northwest were the Tlingt and Nookta, among others, and along the Arctic
coast were the Inuit, or Eskimos, which derogatorily means “fish eaters.” The native peoples had
their own economic system, but there was little need or inclination for them to create a large,
tightly controlled political organization or a theory of land ownership in the European sense.
Following Viking explorers in the early part of the eleventh century, John Cabot, an
Italian exploring for England, discovered Newfoundland in 1497. Jacques Cartier followed in
1534. Although the Spanish and Russians arrived earlier, Capt. James Cook’s visit to the
Pacific Northwest in 1778 is the most noted by historians.
From the outset of European immigration Canada was a battleground of cultures and
religions, although many settlers came to escape religious persecution and the devastation
of religious wars in Europe. From 1625 to well into the twentieth century, Quebec, first perma-
nently settled by Samuel de Champlain in 1608, remained hostile to French Protestants in part
because of the influence of the Jesuits. The French settlements became known as New France.
The British expanded northwest of Quebec and conquered the French territory after a battle
on the Plains of Abraham on September 13, 1759, and another victory at Montreal a year later.
Immigrants were governed to a large extent by private charter companies, such as the
Company of New France and the Hudson Bay Company. The Treaty of Paris in 1763

82 C A N A D A
confirmed Britain’s hegemony over the French territory, and a constitution was promulgated
the same year; under it, four new governments were created, including one for Quebec, and
governors were appointed and directed to call assemblies and make local laws, subject to
approval of a council and assembly. To thwart the possibility of rebellion, the Quebec Act of
1774 granted Catholics the right to practice their religion and restored their traditional
property and civil rights laws. In 1777 Britain relinquished the right to levy taxes without the
consent of local representatives. The British parliament acted in 1791 to split Quebec into
upper and lower Canada (today Ontario and Quebec) and give them an English form of
government. Ultimate authority still rested in Britain, which had a legislative veto called the
“royal disallowance” and made all the major political appointments.
In the following years grievances were voiced about the stranglehold of the governing elite,
who feared rampant democracy and anyone who dared criticize the government. Reformers
included William Lyon MacKenzie and Louis-Joseph Papineau, who drew on American Jack-
sonian democracy for their ideas. After rebellions in 1837 and 1838 challenging the politics of
the elite, real reforms were instituted in the British North America Act of July 1, 1867. The act
formally united upper and lower Canada with Nova Scotia and New Brunswick into “one
dominion under the name of Canada.” It vested executive authority in a governor-general and
a council styled after the British privy council. The armed forces remained under the
monarch, who, with the Canadian parliament, formed the legislature. The judiciary consisted
of judges appointed by the governor-general from the bars of the respective provinces. The
act also provided for the governments of the four provinces under their own constitutions.
Between 1867 and 1982 independence for Canada was a slow and gradual process. In 1931
Britain’s Statute of Westminster retained only two controls over Canada: the power to
amend certain provisions of its constitution and to keep its final court of appeals in Britain.
Representatives of the dominion were included in the British war cabinet during World War
I, and Canada was granted separate membership in the League of Nations after the war. The
right of criminal appeal to the privy council was abolished in 1935 and in civil matters in
1949. On April 17, 1982, the Canada Act, including the Constitution Act, proclaimed by the
British monarch gave Canada the right to internally amend its own constitution. Later that
year Quebec’s claim that the constitution could not be altered without its consent was
rejected by the supreme court of Canada.
From time to time political movements in the French-speaking province of Quebec support
its secession from the rest of Canada; however, a referendum to declare Quebec independent
failed by a narrow margin in October 1995. But as recently as 2006, legislation was introduced
in parliament to recognize that the citizens of Quebec form a “nation within a united Canada.”

Britain has had the most influence on the Canadian constitution. The Canadian concept of Influences
a federal system is somewhat unique, except that the solution to the problem of bilin-
gualism in the provinces is similar to Finland’s.

The April 17, 1982, proclamation of the Constitution Act by Elizabeth II, queen of England, T H E C O N S T I T U T I O N
noted its aims:
And whereas it is in accord with the status of Canada as an independent state that Canadians be able to
amend their constitution in Canada in all respects;
And whereas it is desirable to provide in the constitution of Canada for the recognition of certain funda-
mental rights and freedoms. . . .

Schedule A, article 2, of the 1982 act states: “No act of parliament of the United Kingdom
passed after the Constitution Act, 1982, comes into force shall extend to Canada as part of its
law.” And article 52(1) of schedule B of that act provides that “the constitution of Canada is

C A N A D A 83
 the supreme law of Canada, and any law that is inconsistent with the provisions of the
constitution is, to the extent of the inconsistency, of no force or e∑ect.”
Schedule B, article 52(2), of the 1982 act declares that the constitution of Canada includes
“(a) the Canada Act of 1982, including this act; (b) acts and orders referred to in the
schedule; and (c) any amendment to any act or order referred to in paragraph (a) or (b).”
The schedule referred to lists thirty acts, including the 1867 act. Article 52(3) directs that
“amendments to the Constitution of Canada shall be made only in accordance with the
authority contained in the Constitution of Canada.” An amendment to the constitution—
specifically to the Terms of Union of Newfoundland with Canada (1949)—in 2001 changed
the name of the province of Newfoundland to Newfoundland and Labrador.

Fundamental Rights The Canadian bill of rights was passed in 1960, but inconsistent legislation could still be
passed notwithstanding the act, and the jurisdiction of the provinces was una∑ected. In
1969, however, the supreme court held that an act dealing with the Indians was discrimina-
tory and violated the bill of rights. The Charter of Rights and Freedoms of 1982 has been
held to be a part of the Canadian constitution, not merely an ordinary statute, and therefore
the courts require that it be interpreted generously to give a full measure of the rights and
freedoms it guarantees. The court has further ruled that a presumption of constitutional
validity for laws is incompatible with the innovative and evolutionary character of the
charter as a constitutional instrument.
The fundamental guarantees in the 1982 charter include the right to life, liberty, and secu-
rity; freedom of conscience, religion, thought, belief, opinion, expression, the press and
other media, peaceful assembly and association; the right to vote and be elected to the lower
house of parliament or legislative assemblies; freedom to reside in Canada or travel, subject
to reasonable restrictions; and the right to be secure from unreasonable search or seizure and
arbitrary detention. Also included are equal protection of the laws, a number of safeguards
in criminal procedures, and the right to use either French or English in debates or proceed-
ings in parliament; both languages also were declared authoritative in statutes, records, and
journals of parliament. Rights with regard to language and education in either language are
spelled out in some detail. The charter states that it applies to the national parliament and
government, the territories, and the legislatures and governments of the provinces.

Division of Powers The 1867 act expressly divides legislative power between the federal and provincial govern-
ments, with residual powers being assigned to the federal legislature; Canada thus has been
described as a quasi-federal state. There is no explicit separation of powers under the Cana-
dian constitution; functions of the prime minister and cabinet contain both executive and
legislative responsibilities, while the monarch and the monarch’s representative, the governor-
general, are merely symbolic of executive or legislative power. Parliament and the judiciary,
however, are dealt with separately in the constitution, and the courts have some powers of
judicial review.

The Executive Monarch. The purely ceremonial monarch is the queen of England, who is represented
here, as in New Zealand, by a governor-general.

Prime Minister and Cabinet. The act of 1867 did not provide for a prime minister, so tradition
to a large extent defines this position. The prime minister is a link between the governor-
general and the political and administrative branches of the government. As the monarch’s
representative, the governor-general formally summons the lower house of the parliament
and dissolves it for elections. From among the members of parliament the prime minister
selects ministers, some of whom will head government departments, and dismisses them at

84 C A N A D A
his or her pleasure. The prime minister selects a cabinet to work with him or her to make
government policy, setting the agenda and presiding at cabinet meetings. Individually and
collectively the ministers are responsible to parliament, may be questioned any time on their
actions, and may be required to resign if they lose the confidence of that body.
In Canada the prime minister is often elected by a national constituency that supersedes
local interests; his or her coattails, therefore, confer additional power in the elected house of
the legislature. Unlike the president of the United States, the prime minister can be assured
of either an absolute majority of seats for his or her party or at least a relative majority
during the administration. The prime minister is not only the chief executive but also the
chief legislator because the government introduces most of the important legislation. The
prime minister’s powers include appointing members of the upper house of the legislature
and, as the central figure in the government, commanding access to the nation’s media.

Parliament. The Canadian parliament is bicameral, consisting of an upper house, known as the The Legislature
senate (rather than the house of lords, as in Britain), and a lower house, the house of commons.

Upper House. The 1867 act requires that senators be chosen from regions. Currently, there are
104 seats in the senate. To be a senator a person must be at least thirty years of age and meet
certain status requirements. Technically, a senator is appointed by the governor-general on the
advice of the government and holds o≈ce until the retirement age of seventy-five. The senate
has the same formal powers as the house, except that it may not initiate money bills. Today,
however, its role is mostly advisory, and it tends to routinely approve legislative proposals.

Lower House. Members are elected to the more important body, the house of commons, at
least every five years from each of 295 constituencies, called ridings. The candidate who
receives the relative majority of the votes in a riding wins the election. This manner of
electing representatives is also used in New Zealand and the United States. The seats in the
house are distributed among the provinces by population, except that Quebec is guaranteed
at least seventy-five seats.

If a majority of candidates from one party wins seats, they form a government; if there is
only a relative majority party, it may form a minority government. The presiding o≈cer in
the house is the speaker, who is nominated by the prime minister from among the majority
party members. The majority party tries to maintain strict party discipline on most issues
to ensure that the government’s legislation is passed.
Two basic types of bills are considered by the parliament: public bills, which a∑ect the
public at large, and private bills, which a∑ect only one individual or a select group of indi-
viduals. Generally, public bills are submitted by the government. A bill goes through the
formality of a first reading, and then on second reading debate is entertained. If it passes on
the second reading, a bill goes to a committee that may approve, amend, and report it out for
debate and a third and final reading. In recent times the role of committees has increased,
but unlike in the United States, the committee chairs are not so independently powerful. If
a bill passes the house, it goes to the senate and then to the governor-general for assent.
While debate on measures may be lively, the Canadian party system in parliament ensures
that almost all government bills are passed.

The 1867 act gives scant direction for the court system. It authorizes the legislature to The Judiciary
“provide for the constitution, maintenance, and organization of a general court of appeal for
Canada and for the establishment of any additional courts for the better administration of
the laws of Canada.” The court system still bears the imprint of the British judicial system.

C A N A D A 85
 It is hierarchical, except that the provincial and federal courts share some judicial functions
and responsibilities. There are three judicial levels: lesser provincial courts; provincial
courts, including a supreme court; and federal courts, including a supreme and a federal
court of Canada. The supreme court of Canada is the final court of appeal in most cases.
Canadian courts have some powers of judicial review. They can determine which of the
governments—federal or provincial—has the authority to legislate in certain instances, and
they can declare laws unconstitutional if they do not meet the standards of the 1982 Charter
of Rights and Freedoms. In fact, since the charter came into force, many individual rights
cases have been filed with the courts. In addition to cases coming before the courts in the
course of litigation, a constitutional question may be brought in a taxpayer’s suit, or an
opinion may be requested by the federal government or a province.
Judges originally were to be appointed by the governor-general, but today the prime
minister is responsible for such appointments and no legislative confirmation is required.
Judges of superior courts hold o≈ce during good behavior or until reaching the retirement
age of seventy-five. They are removable under the 1867 act by the governor-general “on
address of the senate and the house of commons.”

Amending the Constitution Schedule B, part 5, of the 1982 act sets forth procedures for amending the Canadian consti-
tution. Generally, it requires resolutions by both the upper and lower houses of the legislature
and “resolutions of the legislative assemblies of at least two thirds of the provinces that have,
in the aggregate, according to the then latest general census, at least fifty percent of the
population of all the provinces.” An amendment that reduces legislative powers or the propri-
etary rights or any other rights or privileges of the legislature or government of a province
requires a resolution by a majority of the members of the two houses of the legislature and
the legislatures of the provinces; it will not be e∑ective in provinces that do not support the
resolution by a majority of its members.
Part 5, article 41, provides that some amendments—such as those regarding the o≈ce of
the monarch or the governor-general, the use of the English and French languages, the
composition of the supreme court of Canada, or article 41—can be accomplished only by
resolutions in both chambers of the federal legislature and the legislative assemblies of
each province.

86 C A N A D A
Formerly the Byelorussian Soviet Socialist Republic in the Union of Soviet Socialist Republics, B E L A R U S
Belarus declared its independence in 1991. A democratic constitution approved in 1994 was
revised in 1996 to give the president extensive power and again in 2004 to remove presiden-
tial term limits.

The Republic of Belarus is some 207,600 kilometers in area and is bounded on the north General Information
by Lithuania and Latvia, on the north and east by Russia, on the south by Ukraine, and on
the west by Poland. Minsk is the capital of this country of approximately 10 million
inhabitants.
The major industries of Belarus include tractors, metalworking, and heavy-duty vehicles;
among its chief agricultural products are grain, potatoes, and vegetables. Although the
country’s overall economic potential is good, it’s reversion toward an authoritarian govern-
ment reminiscent of the period of communist rule may present obstacles to long-term
improvement.

Type of Government: Presidential-style parliamentary republic, with a president, a prime

minister and council of ministers (cabinet), a bicameral legislature, and a judiciary,
including a constitutional court

Dates of Constitutions: 1919, 1937, 1978, and 1994 (revised in 1996 and 2004)

Possibly the region from which the eastern Slavic peoples originated, the territory now Constitutional History
known as Belarus was much fought over and partitioned throughout history. Belarus’s
capital, Minsk, was included in the early Kievan Rus’ state in the early Middle Ages and
became the capital of a principality in 1101. The Mongols invaded in the thirteenth century,
and later the territory became part of the Grand Principality of Lithuania. At the beginning
of the sixteenth century, the region became the spoils of Poland and Russia.
The Polish-Russian domination influenced the area’s class structure, with the upper
classes generally embracing Roman Catholicism and the lower classes (serfs) adhering to
the Moscow-based Orthodox Church. The Russian empire under Catherine the Great
incorporated the eastern part of the Belarus region in 1772, while the central portion,
including Minsk, was acquired in the second partition of Poland in 1793. The remaining
territory was merged into the empire during the third partition of Poland in 1795 and
remained a part of Russia until 1918.
After the Russian Revolution in 1917 and the collapse of the Russian empire, the Soviet
government in Russia gave part of Belarus and other lands to Germany under the terms of the
Treaty of Brest-Litovsk of March 3, 1918. On March 25 of that year, however, anticommunists
proclaimed the creation of an independent state called the Belorussian Democratic Republic.
The Red Army occupied the area, and a new communist Belorussian Soviet Socialist Republic
was installed with a constitution adopted on February 4, 1919. From then until 1991, when the
U.S.S.R. fell, Belarus’s constitutional history was closely linked to that of the Soviet Union,
with nominal Soviet-style constitutions adopted in 1937 and 1978.
Belarus declared its independence on August 25, 1991, but true independence came
about only after the breakup of the Soviet Union on December 26. The Belorussian
Soviet Socialist Republic changed its name to the Republic of Belarus, although the
country’s ruling body continued to be the supreme soviet under its 1978 constitution. A
new constitution, adopted on March 15, 1994, was revised by referendum on
November 24, 1996, to incorporate additional presidential powers, such as issuing decrees
and appointing members of the legislature’s upper house as well as half of the constitu-
tional court’s membership.

B E L A R U S 43
Influences Belarus’s 1994 constitution creates a multiparty democracy with an executive president
in place of the former collegial supreme soviet ruling body of the communists; the 1996
and 2004 revisions reflect President Aleksandr Lukashenko’s desire for greater executive
powers, continuing the policy of concentrating power in a single person.

T H E C O N S T I T U T I O N “The Republic of Belarus,” declares article 1, “is a unitary, democratic, social state based
on the rule of law,” while article 2 proclaims:
The individual, his rights, freedoms and guarantees for their attainment manifest the supreme goal and
value of society and the State. The State shall bear responsibility towards the citizen to create the condi-
tions for the free and dignified development of his identity. The citizen bears the responsibility towards
the State to discharge unwaveringly the duties imposed upon him by the Constitution.

“The people shall be the sole source of state power and the repository of sovereignty,”
notes article 3, which adds that they “shall exercise their power directly through repre-
sentative and other bodies in the forms and within the bounds specified by the Consti-
tution.” According to article 4, “Democracy . . . shall be exercised on the basis of diver-
sity of political institutions, ideologies and views. The ideology of political parties,
religious or other public associations, [and] social groups may not be made mandatory
for citizens.” Later, in article 137, the constitution declares that it alone “shall have the
supreme legal force. Laws, decrees, ordinances and other instruments of state bodies shall
be promulgated on the basis of, and in accordance with, the Constitution of the Republic
of Belarus.”

Fundamental Rights “Safeguarding the rights and liberties of the citizens . . . shall be the supreme goal of the
State,” proclaims article 21. “Every individual shall exercise the right to a dignified stan-
dard of living, including appropriate food, clothing, housing and . . . a continuous
improvement of necessary living conditions.” Other rights guaranteed in articles 22
through 62 include equality before the law; the right to life; personal liberty, inviola-
bility, and dignity; the presumption of innocence; privacy, including “one’s correspon-
dence and telephone and other communications”; the right to be secure in one’s home;
freedom of movement; and choice of residence. Torture and “cruel, inhuman, or
undignified treatment or punishment” and subjection to medical or other experiments
without one’s consent are prohibited. The constitution also guarantees freedom of
thought, belief, and expression; the right to information; freedom of assembly and asso-
ciation; and the rights to participate in the governing of the state, to vote, and to acquire
and own property.
“Religions and faiths shall be equal before the law,” states article 16, adding that
“[r]elations between the State and religious organizations shall be regulated by the law
with regard to their influence on the formation of the spiritual, cultural and state tradi-
tions. . . .” Article 31 provides for freedom of religion “or to profess none at all. . . .”
Social rights include the right to work, to health care, to housing, to education, to
social security, to preservation of one’s cultural heritage and language, and to a
“conducive environment.” According to article 41:
The State shall create conditions necessary for full employment of the population. Where a person is
unemployed for reasons which are beyond one’s control, he shall be guaranteed training in new special-
izations and an upgrading of his qualifications having regard to social needs. . . .

Citizens, however, are called on to abide by the constitution and public laws, respect
national traditions and the rights of others, preserve the nation’s historical and cultural
heritage, protect the environment, pay taxes, and defend the republic.

44 B E L A R U S
“State power in the Republic of Belarus,” explains article 6, “is exercised on the principle of Division of Powers
division of powers between the legislature, executive, and judiciary.”

President. As article 79 describes, the president is “the Head of State, the guarantor of the The Executive
Constitution of the Republic, [and] the rights and liberties of man and citizen.” It adds that
the o≈ce holder “shall personify the unity of the nation, [be responsible for the] imple-
mentation of the main guidelines of the domestic and foreign policy, [and] shall represent
the State in the relations with other states and international organizations.” The president is
also authorized to protect Belarus’s sovereignty and “its national security and territorial
integrity, [and] shall ensure its political and economic stability, continuity and interaction
of bodies of state power. . . .” The president “shall enjoy immunity, and his honor and
dignity shall be protected by the law.”
To be president, a person must be a citizen by birth, thirty-five years old, eligible to vote,
a resident for at least ten years, and, according to article 81, nominated by no fewer than
100,000 voters and “elected directly . . . for a term . . . of five years by universal, free, equal,
direct and secret ballot.” (An amendment in 2004 removed the two-term limit on the pres-
idency.) If a candidate fails to receive a majority of the votes, a runo∑ election is held
between the two candidates with the most votes.
Among the president’s responsibilities delineated in article 84 are calling national referen-
dums and “regular and extraordinary” elections for parliament and local representative bodies;
dissolving parliament; appointing the prime minister, with the consent of the lower house of
parliament; determining the government’s structure; forming, dissolving, and reorganizing the
presidential administration; appointing the chairpersons of the constitutional, supreme, and
economic courts “from among the judges of these courts” and dismissing them; appointing
six members of the constitutional court and other judges; appointing six members of the
national elections and referendums commission; and dismissing numerous o≈cials. The
president is also authorized to “deliver annual messages” to parliament; “chair meetings of
the Government”; “appoint leading o≈cials of bodies of state administration”; “resolve
issues regarding the granting of citizenship”; grant pardons; conduct negotiations; receive
credentials of diplomatic representatives; sign bills; and “have the right to abolish acts of the
Government.” The president is the commander in chief of the armed forces, is authorized to
issue decrees and orders, and is empowered to form and head the nation’s security council.
The president may be removed by a two-thirds majority vote of all the members of each
house of parliament if “persistently incapable” of discharging o≈cial duties “on account of
the state of his health”; the vote is based on the findings of an ad hoc parliamentary commis-
sion. The president may also be removed “for acts of treason and other grave crimes,” again
by a two-thirds vote of each house of parliament after charges supported by “a majority of
the whole [lower house of parliament] on behalf of no less than one-third of the number of
deputies” and an investigation by the upper house. If removal is based on a crime, the
supreme court examines the merits of the charge. The prime minister, according to article
89, acts as president until a new president is sworn in.

Prime Minister and Cabinet. Under article 106, the executive power of Belarus is “exercised by
the Government—the Council of Ministers. . . .” Consisting of the prime minister along
with his or her deputies and ministers, the council is “accountable to the President . . . and
. . . the Parliament.”

Parliament. Article 90 declares that the national assembly, Belarus’s parliament, “is a repre- The Legislature
sentative and legislative body” and includes two chambers: a lower house of representatives
and an upper council of the republic.

B E L A R U S 45
 Upper House. The council of the republic “consists of eight deputies from every region
(oblast) and the city of Minsk, elected at the meetings of deputies of local Councils of
Deputies . . . from among their ranks.” The president appoints another eight members. All
members must be citizens, thirty years old, and residents of the jurisdiction represented for
at least five years. Parliamentary terms for both chambers are four years.
Responsibilities of the upper house include approving or rejecting draft laws, consenting
to appointments by the president, and electing six judges of the constitutional court and six
members of the national elections commission. Among other duties are adopting resolu-
tions calling for the dissolution of local councils of deputies, participating in the removal of
the president for treason or other grave crimes, and considering presidential decrees “on the
introduction of a state of emergency, martial laws,” or mobilization of troops.

Lower House. The house of representatives has 110 members, called deputies, who are elected
“on the basis of universal, equal, free, direct electoral su∑rage and by secret ballot.” A deputy
must be a citizen at least twenty-one years old and, according to article 92, “may simultane-
ously be a member of the Government.”
Among the lower house’s responsibilities are considering draft laws regarding changes in
the constitution and other bills, calling presidential elections, consenting to the president’s
appointment of the prime minister, approving or rejecting “the report of the Prime Minister
on the policy of the Government,” and considering the prime minister’s call for a vote of
confidence. One-third of the members may bring up a no-confidence vote. It accepts the
president’s resignation and plays a role in removing the president for grave crimes.

“The first session of Parliament after the elections,” mandates article 93, “shall be called by
the Central Commission on Elections and National Referenda and shall be convened no later
than 30 days after the elections.” Each house elects a chairperson and a deputy who “conduct
proceedings and [are] in charge of the regulations of the operations of the chambers.”
Bills may be introduced in the lower house by the president, members of the legislature,
the government, and at least 50,000 citizens eligible to vote. In general, a bill becomes law
after approval by a majority of all the members of each house and signature by the president.
The president may veto a bill by returning it to the lower house, “together with his objec-
tions,” but a two-thirds majority of each house may override the veto.

The Judiciary “The courts shall exercise judicial power in the Republic of Belarus,” proclaims article 109.
“The judicial system . . . shall be determined by the law.” Article 110 adds that “[i]n admin-
istering justice judges shall be independent and subordinate to law alone.” According to
article 112, “The Courts shall administer justice on the basis of the Constitution, the laws and
other enforceable enactments adopted in accordance therewith.” Although the supreme
court is referred to in the constitution, neither its makeup nor its jurisdiction is spelled out.

Constitutional Court. Article 116 explains that “[s]upervision of the constitutionality of

enforceable enactments of the state shall be exercised by the Constitutional Court. . . .”
The court is to consist of twelve judges (“specialists in . . . law”), six appointed by the pres-
ident and six elected by the council of the republic for eleven-year terms, ending at age
seventy.
The president, houses of parliament, supreme court, supreme economic court, and cabinet
ministers may request rulings on matters such as “the conformity of laws, decrees and edicts
of the President, international agreements and other obligations . . . to the Constitution and
other instruments of international law. . . .” The president may also request a ruling on
parliamentary “instances of systematic or flagrant violation of the Constitution.”

46 B E L A R U S
Articles 138 and 139 provide that the president or “no fewer than 150,000 citizens” may Amending the Constitution
initiate an amendment in parliament, which may be adopted after it has been debated and
approved twice by both houses with at least a three-month interval. Two-thirds of the
elected deputies of both houses must vote in favor. Another provision allows for adoption
of constitutional amendments by majority vote in a referendum. Certain sections of the
constitution—those regarding the principles of the constitutional system, individual rights,
the presidency, and amendments to the constitution—may be changed only by referendum.

B E L A R U S 47