CH 4 Legislature and Exectutive

Question 1

Three branches of Government

Answer 1

Legislation: Makes laws
Executive: Implements laws
Judicial:Applies and Interprets laws

Question 2

Legislative Power

Answer 2

Most Powerful Branch
Members are elected/appointed
Statues or Acts
Constitutionally entrenched
Federal
Provincial
Territorial

Question 3

Statute

Answer 3

Primary form of Legislation
Power to make statutes divided between federal parliament and provincial legislatures
Constitutionally entrenched statutes
concern the country’s fundamental governing powers
cannot be changed by ordinary federal or provincial legislation
key statutes are the Canada Act or the Constitutional Act (52)

Question 4

constitutionally entrenched

Answer 4

A statute is constitutional if it is part of the Constitution of Canada 52

Question 5

Supremacy Clause

Answer 5

The Constitution act 52(1)
The Supreme law
If the law is inconsistent with the Constitution, no force or effect.

Question 6

Division of Powers

Answer 6

Divide Parliament and Provinces to make legislation in a Canada

Question 7

Charter Challenge

Answer 7

Challenges the constitutionality of legislation on the basis that it infringes the charter

Question 8

Federal Statutes

Answer 8

Bi cameral, HOC and Senate
Enacted by the parliament of Canada

Question 9

Federal Jurisdiction

Answer 9

Section 91- most federal parliament \
30 subject areas over which parliament has Jurisdiction (authority)
POGG- give parliament power to fill legislative gaps in assigned areas of jurisdiction.

Question 10

Double aspect law

Answer 10

law falls in between a federal and provincial law

Question 11

Federal paramountcy doctrine

Answer 11

Both levels of government pass laws in a shared jurisdictional area and the rules conflict with one another.

Question 12

Parliament makes the federal statute

Answer 12

Introduction of Bill
draft version of proposed new statute
Public bill
gov., private members
Parliamentary response
6 readings, HOC, Senate
Royal assent-> statute
Implementation
proclamation–> bring statute to force
regulations

Question 13

Provincial statutes

Answer 13

Enacted by provincial legislatures in the 10 provinces
Section 92- most provincial power
no residurary power comparable to POGG
balance of power between fed & prov levels
Statutory enactment is similar to ded
Unicameral; only 3 readings for bills

Question 14

Territorial statutes

Answer 14

Enacted by legislative assemblies in territories
Yukon: party based
NWT & Nunavut: no political party, First Nation
Provincial-like legislative power granted through federal statutes
no independent constitutional authority
Statutory enactment is similar to provincial

Question 15

Devolution

Answer 15

Delegation of legislation authority

Question 16

Subordinate/Delegated legislation

Answer 16

Passed pursuant to a statute limits on primary legislations power to delegate
Delegatus non posted delegate

Question 17

Regulations

Answer 17

passed by a person or body to expand a statutes scheme

Question 18

Municipal by- laws

Answer 18

subordinate legislation passed by municipalites

Question 19

Quasi-Legislative Materials

Answer 19

Non-legislated written rules
Neither statutes nor a form of subordinate legislation
Not legally binding but must be followed, observed and considered
Policy statements, court directions and agreements

Question 20

Parliamentary Sovereignty

Answer 20

Doctrine states that parliament has totat power
Entrenched in 17th century when England was recognized as the country’s supreme legislative authority
Three total powers
Federalism and parliamentary power
The charter and parliamentary power
Constitutional amendment and parliamentary power

Question 21

Executive Power

Answer 21

Administrates and Implements the law
The Crown
Formal head of state and the chief executive
“Reigns” through representatives- the governer general (fed) & lieutenant governors (prov)
Legal power has passed by convention to the federal and provincial cabinets

Question 22

Sources of executive power

Answer 22

Constitutional basis- constitution act 1867
Conventional practice- agreed upon
customary practice
Common law and Roayl porogative
Statute law (fed, prove, territorial) and common law rules

Question 23

Sources of executive power

Answer 23

Constitutional basis- constitution act 1867
Conventional practice- agreed upon
customary practice
Common law and Roayl prerogative
Statute law (fed, prove, territorial) and common law rules

Question 24

Responsible Government

Answer 24

Responsible or parliamentary gov.
1835: recognized in Britain
Nova Scotia, 1848: First colony British adopted
1867: Canada was brought in, constitution act

Question 25

Dual executive

Question 26

Elected office

Question 27

Convention

Question 28

Royal Prerogative

Answer 28

power of the crown to legislative by decree increasingly limited since manga carta
Taken over completely by parliament via the English bill of rights
PM& cabinate now take over
grant mercy in crim case
foreign affairs and treaties
declair war
issue passports
create indian reserves
crown immunity

Question 29

Limits to executive influence

Answer 29

If the executive loses the majority
control, legislature controls
separation of powers limits- ultravirus in law
civil liberties limits