Ch 16 - The Constitution Flashcards
What is the Constitution?
- fundamental rules and principles according to which a state is governed
What does the constitution outline?
- What government can and cannot do
Explain the executive branches relation to laws?
- Power to execute laws
Explain the Legislative Branches relation to laws
- Power to make laws
Explain the Judiciary’s relation with laws
- Power to adjudicate laws
What are Constitutional Conventions?
- Unwritten or specified in CA 1867, 1982
- Essential elements of constitution
- Binding, not enforceable by courts
Where were constitutional conventions inherited from?
- Britain
What is an example of a constitutional convention?
- Dominant role of the executive
- Subordinate role of governor general
What are the key ingredients of the constitution Act, 1867?
- Written Laws
- Unwritten Conventions
What were the principle parts of the 1867 Constitution Act?
- Joined NB, NS, Ont, & Que
- Formed Executive, Legislative, and Judicial
- Amending Formula
- Federal System
When was the last British Amendment to the CA?
- 1982
What were the changes made to the domestic amending formula in the 1982 Consitution ACt?
- Unanimous Federal and Provincial Consent
Did Quebec support the 1982 Constitution Act?
- NO
What 5 Demands did Quebec Premier make that Trudeau ignored leading up the the CA 1982?
- Constitutional recognition of Quebec as distinct society
- Veto on constitutional amendments affecting Quebec
- Increased jurisdiction over immigration
- Participation in SCC appointments
- Compensation when Quebec opts out of national programs within provincial jurisdiction
What were some of the changes associated with the Charlottetown Accord?
- Canada Clause (Quebec distinct society)
- Triple-e Senate (equal, elect, effective)
- Indigenous self-government
- Division of powers
