Chapter 3 The Legislature Flashcards
Separation-of-powder doctrine
The legislature makes the law; the executive implements the law; and the judiciary applies and interprets the law.
Legislature
Is a representative assembly charged under a constitution with making laws for a particular region or state.
What are other names for Legislature?
Parliament
Congress
Legislative assembly
What is unicameral mean?
Unicameral legislature has only one body.
What does bicameral mean?
Bicameral legislature has two, with houses (house of commons, and House of Representatives) and upper houses (for example, senate or House of Lords. Canada parliament has bicameral structure.
May be partly elected and partly appointed
What does legislation refer too?
Laws made by the legislative assembly. Main form of legislation is statutory law.
Quasi-legislature
Materials consisting of policy statements, court practice directives, and certain kinds of agreements.
Rules set out in quasi-legislation are not technically binding.
What are Statutes?
Primarily form legislation, in Canada which is a federal state, power to make statutes is divided between federal parliament and provincial legislation.
Section 52(2) The Constitution of Canada includes;
a) the Canada Act 1982, including this Act {that is =, the Constitution Act, 1982};
b) the Acts and orders referred to in the schedule; and
c) any amendments to any Act or order referred to in paragraph (a) or (b).
What are 4 key constitutional statutes?
Constitutional Act, 1867
Statute of Westminister, 1931
Canada Act, 1982
Constitution Act, 1982
The Constitution Act, 1867 is divided into 11 parts. Parts II-VIII and XI are the key ones;
Refer to page 51 of the text book.
Statute of Westminister, 1931
second step towards full legislative independence from Britain.
Confirmed Canada’s legislative autonomy - also recognized Canada’s legislative equality with Britain.
Britain did reserve the power to amend key constitutional statutes
Canada Act, 1982
Gave all legislative power to Canada
Constitutional Acr, 1982
Divided into 7 parts
- Canadian Charter of Rights and Freedoms (the Charter), most important and guarantees rights and freedoms, main basis for civil liberties.
- of the Act addresses Aboriginal rights
- Concerns joint federal and provincial commitment to equal opportunities for Canadians regardless of wealth … pg 52
- & 4.1. both repealed, dealt with constitutional conferences.
- amendments and procedures for the Constitution of Canada
- contains amendments procedure for the Constitution of Canada, also contains amendments concerning provincial power over natural resources, foresty resources, and electrical energy.
- entitles “General” and covers miscellaneous matters such as minor amendments.
Supremacy Clause of the Constitutional Act
Section 52(1) of the Constitutional Act, 1982, The Constitution of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
Federal statutes are enacted by which part of the government?
The Parliament of Canada
Our Parliament is bicameral? True or False
True which means there are two houses involved in making Statutes
Which two houses are responsible for making statutes?
House of Commons and The Senate
Federal Power is defined as
Principal section of the Constitution that gives power to Parliament, any new legislation proposed by Parliament must be authorized by a section of the Constitution
POGG power - Peace, Order and good Government of Canada
in areas, the provinces are not assigned exclusive jurisdiction.
What are 3 uses of POGG Power?
Cover Jurisdictional gaps
has been used to authorize the federal government to legislate in areas that have a national dimension or concern.
National Concern clause
3rd use deals with emergencies, the federal government’s emergency power has been used to justify legislation in times of War or insurrection and to control inflation.
Determining statutes “pith and Substance”
requires looking at its dominant purpose and effect
When a law involves complete overlap between a federal subject area and a provincial one - if it falls fully within the jurisdiction of each the law is said to have ?
A double aspect
Federal paramountcy doctrine
is there is a conflict with the double aspect, the Federal law prevails over the provincial one.
