chapter 1-3 Flashcards
What is the Precedent Rule also known as?
Stare Decisis
A legal principle requiring courts to follow previous judicial decisions in similar cases to ensure consistency in the law.
What is Common Law?
A body of law based on judicial decisions and precedents rather than written statutes.
What does Constitutional Law govern?
The structure and functioning of the government, as well as the rights of individuals.
What is the Westminster Statute?
A law that granted Canada legislative independence from Britain.
What is the Bill of Rights?
A 1960 law that outlines fundamental rights for Canadians.
What did the Constitution Act of 1982 accomplish?
Brought the Canadian Constitution fully under Canadian control and included the Canadian Charter of Rights and Freedoms.
What is Public Law?
Governs the relationship between the state and individuals (e.g., criminal law).
What is Private Law?
Deals with disputes between private individuals or organizations (e.g., contract law).
What does the Distribution of Powers refer to?
The division of governmental powers between federal and provincial governments, as outlined in the Constitution.
What was the Repatriation of the Constitution?
In 1982, Canada brought the Constitution home from Britain, allowing full control over amendments.
What is the Equalization Principle?
The process of redistributing federal funds to reduce financial disparities among provinces.
What does the term Natural Resources, Amendment Procedure, Charter refer to?
Rules governing natural resources, the process for changing the Constitution, and the application of the Charter.
What was the Meech Lake Accord?
A 1987 attempt for constitutional changes to address Quebec’s concerns, which failed in 1990.
What was the purpose of the 1995 Referendum?
A vote on Quebec’s potential separation from Canada.
What did the Clarity Act (2000) establish?
Procedures for a future referendum on Quebec’s independence.
What type of government does Canada have?
Parliamentary democracy.
Who is the Head of State in Canada?
The monarch, represented by the Governor General.
What are the three branches of Legislative Power in Canada?
House of Commons, Senate, and Crown (monarch).
What are the three stages in the adoption of a law?
- Première lecture: The first reading is when the bill is introduced but not debated.
- Deuxième lecture: The second reading is when the general principles of the bill are debated.
- Troisième lecture: The third reading is when the bill’s specifics and any amendments are debated and voted on.
What makes up a parliamentary democracy?
- Prime Minister: The head of government, typically the leader of the party with the most seats in parliament, is chosen by elected members of parliament (MPs).
- Cabinet: Composed of ministers who are appointed by the Prime Minister, usually from the elected MPs. They are responsible for running government departments and implementing laws.
- Parliament: The legislature, typically made up of two houses (e.g., the House of Commons and the Senate in Canada), creates, debates, and passes laws.
- Fusion of Powers: Unlike in a presidential system, the executive and legislative branches are closely linked. The government can be removed from power by a vote of no confidence in parliament.
