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Date: | Tue Mar 25 15:18:03 2008 |
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> Quoting Mason Gaffney:
>> 3. There are "customs" and "traditions", which in Canada, a nation
>> with no written constitution, carry much force.
>>
>
>
> I can assure you Mason, that Canada has a written constitution
>
> Rod Hay
But not at all in the sense as that in which the USA has a 'written
constitution'. The founding document of the Canadian federation is the
British North America Act (of the imperial parliament), which among other
things explicitly maintains all existing statutes not subsequently repealed
or amended by the dominion parliament. The power to amend the BNA Act
remained at Westminster until 1982, when the power to amend was granted to
the Canadian parliament and the Canadian Charter of Rights and Freedoms was
added to the accumulation of constitutional legislation (and judicial review
by the Privy Council) since 1867. Though this historically stratified welter
of imperial and dominion legislation may be said to add up to a 'written
constitution', the fact remains that the Canadian supreme court has ruled
that it is not exhaustive, and that the 'constitution' contains unwritten,
customary doctrines.
A. M. C. Waterman
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