Chapter

Canada I: Confederation and the Imperial Theory

PETER C. OLIVER

in The Constitution of Independence

Published in print April 2005 | ISBN: 9780198268956
Published online January 2010 | e-ISBN: 9780191713200 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268956.003.0005
Canada I: Confederation and the Imperial Theory

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This chapter describes how Canada lacked an amending formula at Confederation and how it was assumed that the Imperial Parliament would continue to fulfil this role. An ‘Imperial Theory’ is identified, according to which, in its various forms (a) independence legislation would be futile; (b) independence would be achieved by an Act of the Imperial Parliament, but that Westminster would retain a ghostly presence; and (c) building on the last point, the newly ‘independent’ constitution could only retain its legal validity and supremacy if the Westminster Parliament remained part of the local legal system.

Keywords: amendment; confederation; O'Sullivan; Lefroy; Clement; O'Connor; Gérin–Lajoie

Chapter.  11974 words. 

Subjects: Constitutional and Administrative Law

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