The Constitution of Canada as Supreme Law: A New Definition
Not only is there no clear answer in Canadian law as to what the 'supreme law' of Canada comprises, but no agreement on how to find that answer. In this short paper, we claim to solve the problem by proposing a new, workable, definition of the Canadian Constitution as supreme law that discards the document list approach of subsection 52(2), Constitution Act 1982, in favour of one that, through subsection 52(3), is based on the constitutional amendment procedure of Part V, which relates to provisions.
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