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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).
An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. [1] An explicit understanding of such a constitution can be developed through commentary by the judiciary , government committees or legal experts .
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.
Because the Constitution Act, 1867 provides that Canada's constitution is "similar in Principle to that of the United Kingdom", [26] which is considered to be an uncodified constitution, the Supreme Court has also recognized the existence of constitutional conventions.
The Constitution Act, 1982 (French: Loi constitutionnelle de 1982) is a part of the Constitution of Canada. [a] The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867.
With the Constitution Act, 1982, Canada took over the authority to amend its own constitution, achieving full sovereignty. [2] [3] [4] Since then, amendments to the Constitution of Canada have been made using one of five amending formulas requiring consent of some combination of the House of Commons, Senate, and provincial legislatures.
The uncodified constitution of the United Kingdom has an implicit equivalent of a notwithstanding clause: following the doctrine of parliamentary sovereignty, the courts have no power to declare primary legislation invalid on constitutional grounds, including on grounds of incompatibility with the European Convention on Human Rights.
Narcotic Control Act, 1961; Canada Labour Code, 1967; Criminal Law Amendment Act, 1968–69; Arctic Waters Pollution Prevention Act, 1970; Consumer Packaging and Labeling Act, 1970; Weights and Measures Act, 1970; Divorce Act, 1968 - replaced by Divorce Act, 1985; Canada Wildlife Act, 1973; National Symbol of Canada Act, 1975; Anti-Inflation ...
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