POL111H5 Chapter Notes - Chapter 3: Constitution Act, 1982, Constitutionalism, Nonresistance
Document Summary
A convention: a practice or custom that is consistently followed by those in government even though it is not legally required. To be considered a convention, a practice must exist for a good reason and those who follow it must be aware that they are following a rational rule. There are strong ones that are essential to the constitution and weak ones that are really no more than usages. The distinction between law and convention is not as solid as it appears because courts have no power ti enforce anything unless judges are obeyed by those who control the coercive apparatus of the state. The older type of constitution is usually called unwritten . Not written in a single place, but must be pieced together from many different sources. Established the principle that the sovereign has to rule within the law of the land. Further restrictions on royal power were established in the bill of rights (1689)
