Chapter 2 - The Canadian Legal System Flashcards
Where 3 different levels of government have the authority to legislate different areas.
Concurrent Jurisdiction
States that federal laws prevail when there are conflicting or inconsistent provincial laws
Doctrine of Paramountcy
Federal level is the PM and their cabinet. Provincially it is the premier and their cabinet. They create the direction the government takes and lead the legislature.
Executive Branch
There to adjudicate disputes before the law. In theory the judges are separate from the government. Supposed to be their to maintain checks and balances. “Independent” judges are there to make sure that the government doesn’t infringe on the Charter of Rights and Freedoms.
Judicial Branch
Historical rights and privileges of the crown. The rights to conduct foreign affairs and declare war
Royal Prerogative
Non-enforceable law
Constitutional Convention
Legislation that is created by the federal, provincial, or municipal government
Statute
Decisions that are made by the court systems, by judges. Legislation may not cover it or it is too ambiguous. Courts rely on precident (decisions that are made by the judges that are relative to the case at hand)
Common Law
What would be fair given the specific circumstances of a given case
Rules of Equity
The internal law of a particular country
Domestic Law
Government relations/other entities with international statues
International Law
Law that defines rights, duties, liabilities, etc
Substantive Law
The law that effects how the courts, police, etc can act
Procedural Law
Ascertains and limits the federal government power. Criminal law is under the Federal government, and the rest was delegated to the provinces and municipalities.
Constitution
