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  Canadian Courts and the Constitution

Some of the unwritten parts of the Constitution of Canada derive from the work of the courts. For example, the law of Parliamentary privilege (the implied powers necessary for operating the Parliamentary institution) or of the prerogative of the Crown (the powers inherent in the Crown and so far unextinguished) are to be found in judicial decisions.

Judicial decisions are also crucially important to understanding the meaning of the written portions of the Constitution. It has been remarked that each decision of the Supreme Court of Canada which interprets the Constitution Act, 1867, as far as it goes, is tantamount to an amendment of the Constitution. This is not wholly untrue; as a metaphor, the thought does convey colorfully the importance of judicial decision for delimiting the powers of the organs of governance ordained by the Constitution.

 




© Copyright 2002 Joseph Magnet