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METHOD USED
1. The first step is to read the constitutional document to get an overview of it.
The Constitution citoyenne of May 29, 2019, is studied.
It is available at this URL:
http://inm.qc.ca/docs/CONSTITUONS/constitution_citoyenne_quebec_INM.pdf
2. A second step is to identify where the fundamental rights are in the project.
In the Constitution citoyenne of May, 29, 2019, they are mainly grouped in the first
chapter entitled “Fundamental Rights and Duties in Quebec”.
3. A third step consists in taking each article and making an initial analysis of it.
This analysis may include checking:
a) If it appears to be legitimate;
(b) whether or not it is a fundamental right already identified in international treaties to
which we are (or not) deemed to subscribe;
c) If it can be recognized as “fundamental” according to this definition:
“Fundamental rights are those protecting the target individual, the nation in which he
exerts his civic capacity and eventually all other nations”
1
;
(d) If it is written in a proper manner to provide effective protection;
e) What are the intentions or what could have influenced the drafters (assumptions or
hypothesis).
1
Martine Labossière, 2017, une constitution pour juguler la voyoucratie, Éditions du Grand
Héron, 200 p.