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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.
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