Which component of constitutional law incorporates unwritten principles fundamental to the functioning of the Constitution?

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The correct component of constitutional law that incorporates unwritten principles fundamental to the functioning of the Constitution is conventions. Conventions are established practices and norms that, while not legally enforceable, play a crucial role in the operation and interpretation of the Constitution. They serve to fill gaps in the written law and help guide the behavior of political actors and institutions.

For example, conventions dictate the manner in which the Governor General exercises his or her powers, such as the appointment of the Prime Minister. While these actions may not be explicitly detailed in the written Constitution, they are essential for ensuring a stable and functional government. Conventions are deeply rooted in history and are recognized by constitutional scholars and courts as significant components of the constitutional framework.

Statutory provisions, on the other hand, are those laws enacted by legislative bodies, and while they are crucial to statutory law, they do not capture the unwritten principles of governance. Judicial rulings interpret statutory law and the Constitution but do not define the unwritten principles themselves. Executive orders are directives issued by the executive branch to manage operations within the federal government and do not encompass the broader unwritten conventions within the constitutional framework. Thus, conventions best represent the unwritten principles essential for the functioning of Canada's constitutional law.

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