International Law Aspects of Patriation

Abstract

In this article the matter of patriation is considered from the view of international law and from a historical perspective. Contrary to the views of certain Canadian provinces and several British M.P.’s, the author points out that viewed from the perspective of international law the U. K. Parliament has no right to look behind a request from the Parliament of Canada. Indeed, in terms of international law the British Parliament may well have a duty to pass automatically any such request, even if it involves an important constitutional amendment.