Secondary Rules Canadian Patriation Reference
Aug 25, 2023
Explore the challenges of changing a constitution in Canada, the evolution of constitutional conventions, and the landmark Supreme Court decision in the Patriation Reference. Delve into the complexities of inferring intentions in legislative and constitutional interpretation, and the impact of court judgments on political negotiations and provincial support.
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Canadian Content
- This episode discusses the Canadian Supreme Court's Patriation Reference.
- The hosts apologize to Canadian listeners for not conducting the podcast in both English and French.
Canada's Constitutional Structure
- Canada's constitutional structure, established in the 1860s, resembles Australia's.
- Both countries share similar constitutional landmarks like the Colonial Laws of Illidity Act and the Statute of Westminster.
Amending Canada's Constitution
- Canada, unlike Australia, lacked a constitutional amendment formula.
- Amending their constitution required appealing to the UK Parliament.