POLSCI 1AA3 Lecture Notes - Lecture 14: Unanimous Consent, Patriation Reference, Constitution Act, 1982
16 Jan 2018
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Document Summary
The constitution both allocates political power and sets limits to the exercise of political power. The canadian constitution is not a single document. It is made up of a number of different components, some written and some unwritten: the constitution act, 1867 (formerly known as the british north america act, 1867) It establishes many of the foundations of the canadian state. However, it is silent or incomplete on others: amendments to constitution act, 1867, certain british statutes and orders in council, certain acts of the canadian parliament, constitution act, 1982. It is in the constitution act, 1982 that we find the charter of rights and freedoms: judicial decisions. Judicial decisions clarify (and arguably establish) the meaning of the constitution in practice: constitutional conventions. This is the non-written part of the constitution. Conventions are certain long established practices that are considered to be binding upon present and future governments (although they are not legally enforceable)
