Facts: The British Government had created a convention which made South Rhodesia virtually self governing. The Rhodesian government had enacted a series of Emergency Power Regulations and detained Madzimbamuto under one of those regulations.
Held: The Privy Council held in favour of Mr Madzimbamuto, finding that the Emergency Provisions were void so the decision of South Rhodesia to self legislate was illegal. Although the Convention giving South Rhodesia the power to act as a self-governing State was important, it had no legality so the Emergency Regulations could not be enforceable.
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Facts: A Convention existed that the Canadian Government should ask its provinces before making constitutional amendments. The question for the court was whether or not Canada could amend the constitution without the agreement of the provinces.
Held: The Supreme Court said that occassionally conventions can be more important than the law but they cannot be enforced by law. The court may only recognise and show that there is a constiutional rule existing as a convention, and highlight the importance of its existance. As a result, the federal government sought provincial approval.
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