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Section 52 of the Constitution Act, 1867 (French: article 52 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada which gives the federal Parliament the power to increase the number of members in the House of Commons, provided any increase respects the principle of proportionate provincial representation in the House of Commons.
Canada's constitution is composed of several individual statutes. There are three general methods by which a statute becomes entrenched in the Constitution: Specific mention as a constitutional document in section 52(2) of the Constitution Act, 1982 (e.g., the Constitution Act, 1867).
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
Canadian constitutional law (French: droit constitutionnel du Canada) is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada , both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
Subsection 52(1) of the Constitution Act, 1982 provides that the Constitution of Canada is the "supreme law of Canada", and that "any law inconsistent with the provisions of the Constitution of Canada is, to the extent of the inconsistency, of no force or effect."
Sections 41 and 42 of the Constitution Act, 1982, thus appear to include the Supreme Court of Canada in the Constitution of Canada. However, this conclusion is questionable because the "Constitution of Canada" is expressly defined in s. 52(2) as a set of 30 instruments that does not include the Supreme Court Act. Some scholars, including Peter ...
The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.
Trudeau remained willing to trade the powers of disallowance and reservation for a bill of rights. In 1978, An Act to amend the Constitution of Canada with respect to matters coming within the legislative authority of the Parliament of Canada (Bill C-60) was introduced to the 30th Parliament by the Liberal government under Pierre Trudeau. The ...