Canadian Patriation Reference
Secondary Rules
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Judicial Analysis of Political Precedents in Canada
This chapter explores the meticulous analysis of past constitutional amendments and political actions by the Canadian Supreme Court, emphasizing the importance of understanding the mental states accompanying such actions. It discusses the complexities of determining intent in legislative and constitutional interpretation, highlighting the court's approach to inferring intentions behind decisions. The chapter also delves into the conflict between legal rules and constitutional conventions, examining a significant court decision on enforcing the law over a constitutional convention in the context of patriation in Canada.
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