Conditions for existence of a convention supreme

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Conditions for existence of a convention Supreme Court of Canada, Patriation Reference, 1981: What are the precedents? Did the actors in the precedents believe they were bound by it? Is there a reason for the rule?
Constitutional convention example: Government formation Conventions: 1. incumbent government remains in office during an election and until it resigns or is defeated in the elected legislature. 2. Lieutenant Governor appoints as Premier the person in the elected legislature who can command the support of the majority
Constitutional Convention: other examples Governor General signs bills presented for Royal Assent Government motions to approve the Speech from the Throne or main budget matters are confidence motions. 1981 Supreme Court opinion in the Patriation Reference : no convention of unanimity – just substantial provincial consent
Origin of “unwritten” rules Historical struggles Parliamentary sovereignty: 16 th century fight between King Henry VIII and the Pope: sovereignty lies with the Crown in Parliament. Elaborated by A.V. Dicey, British constitutional theorist, in 1864 Responsible government: British North American colonies (Canada) in middle of 18 th century
Unwritten rules behind written words Part III, Executive Power (BNA Act, 1867) 9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. 11. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General. 13. The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen’s Privy Council for Canada. 15. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen.
Federalism British North America Act, 1867: Division of powers: see especially sections 91, 92 – text: pp.260-262 “written constitution”

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