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Download Reference Re Resolution to Amend the Constitution of Canada (1981)
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Reference Re Resolution to Amend the Constitution of Canada (1981) The Constitution of Canada = the Law + Conventions (Dicey) Constitutional Law = Statutory + Common Law rules Constitutional Conventions unwritten social rules based on non-judicial custom and precedent; regulate activities of parts of the state B e.g. executive, legislative and judicial branches sometimes reduced to written word not enforceable by Courts no Aformal@ legal sanctions for breach usually political sanction (e.g. removal of GG from office) generally circumscribe Awide powers, discretions and rights which conventions prescribe should be exercised only in a certain limited manner, if at all.@ “The main purpose of constitutional conventions is to ensure that the legal framework of the constitution will be operated in accordance with the prevailing constitutional values or principles of the period.” “…while they are not laws, some conventions are more important than some laws. Their importance depends on that of the value or principles which they are meant to safeguard.” Questions: (1) Was it unconstitutional for Trudeau government to request the UK parliament to Apatriate@ the Constitution of Canada without provincial assent? (2) If provincial assent required, was unanimous assent required? Answers: (1) Yes, according to constitutional convention, but not constitutional law. (2) Unanimous assent not required, but Aa substantial measure@ of provincial assent required.