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King Charles won’t stand in the way if ‘Australia wants to become a republic’ (www.theguardian.com)

submitted 3 weeks ago by [email protected] to c/[email protected]

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Charles said to be adopting ‘anti-confrontational approach’ to republican campaigners before visit

King Charles has said he will not stand in the way if Australia wishes to replace him as the country's head of state, it has been reported.

Ahead of his visit later this month, the king is said to be adopting an "anti-confrontational approach" to Australian republican campaigners, the Daily Mail reported.

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[–] [email protected] 0 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

Additional wrinkle: my understanding is that the question of what parts of Canadian law are part of the constitution and what are not is an active legal question being gradually resolved by courts.

The UK doesn't have any formal constitution, as the bar for Parliament to change anything it wants is the same -- a simple majority.

Canada's legal system was originally structured in a similar way, and did not have an explicit constitution written. When it became independent, part of the process indicated that some of that body of law was part of the constitution. And in present-day Canada, as in the US, it does matter whether a piece of law is part of the constitution, as the constitution has a different legal status from ordinary federal law.

But because the division is not presently fully-defined, I imagine that a rewrite would be a pretty substantial task, even above what would typically be the case.

https://en.wikipedia.org/wiki/List_of_Canadian_constitutional_documents

After patriation, the methods of constitutional entrenchment are:

specific mention as a constitutional document in section 52(2) of the Constitution Act, 1982;

amendments to constitutional documents using the amending formula in Part V the Constitution Act, 1982;

in some cases, reference by an entrenched document;

ruling by a court that a practice is part of Canada's unwritten constitution; or

judicial interpretation of constitutional provisions.

The list of documents for the first two methods is well-established. For the next two, however, there is debate about which documents, or which parts of those documents, are included in the constitution. In some cases, the Supreme Court of Canada has made definitive rulings regarding whether a given documents forms part of the constitution, but in many cases the question is still unclear.

On the up side, I suppose that doing such a rewrite would clear this up. On the down side, I imagine that an actual rewrite would be an unholy mess from a legal standpoint, as it'd have to resolve what the constitution is at one go.

[–] [email protected] 0 points 3 weeks ago

Just touching on point, doesn’t the UK not have a constitution because it’s basically whatever the Monarch says? And there is basically an agreement to off on whatever the MPs decide because otherwise they would officially overthrow the monarch