ch5 Flashcards

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1
Q

What is convention

A

unwritten rules through traditions and provides details of how our gov’t operates

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2
Q

executive branch responsibilities and who are concerned

A
  • Day to day, management in operation of the government
  • Recommending bills of the legislative branch for consideration
  • Implementing the laws that are passed
  • It is the primary generator of draft loss and bills, but has no legal authority to act

Federal level: it concerns the Prime Minister and his or her cabinet ministers and the head of this branch is the governor general.

At a provincial level is the premier and his or her cabinet form the executive branch and it is really a tenant governor who serves the symbolic head of this branch.

It relies on a politically neutral civil service that has expertise in various departments of government (civil service comprises people hired to perform the various day-to-day functions of government.)

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3
Q

judicial branch roles and who r concerned.

A

The role of the judiciary is to act as an independent third-party to settle disputes, or to clarify the law without the interference from the other two branches

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4
Q

What is pith and substance

A

Concerned with the overriding purpose or intent of the law. It determines whether or not the action is legal in areas where both levels of government, have legitimate claims of authority in a jurisdictional dispute.

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4
Q

legislative branch main purpose and and who does it concern.

A

Simply make law, the only body that can approve or reject what loss Canada will have.

Contains all the members who are elected to the House of Commons, as well as those that are appointed to the Senate.

laws made by the house of common is reviewed by the senates.

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4
Q

What is legislative supremacy and who is concerned and what changed?

A

It is the ultimate authority to make end, and unmake law in Canada by the federal or provincial parliament.

It is not the role of the judiciary to question the substance or morality of any law passed by democratically elected government

however the charter became the focal point of most constitutional issues in debate.

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5
Q

3 components of the constitution

A
  1. constitutional documents
  2. conventions
  3. common law/case law
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6
Q

what is common law

A

common law/ civil law addresses constitutional conflicts and establishes precedents upheld by our legal system

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7
Q

What is the rule of law? (3)

A
  1. that the government must follow the law that it makes
  2. that no one is exempt from the law, and it applies equally to all
  3. that no action can be taken unless authorized by the law
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