Chapter 5 - The Legislature Flashcards
What are the 3 Branches of Government in Canada?
- The Legislature - makes the Law
- The Executive - implements
- The Judiciary - applies and interprets the law
What is the Doctrine of the Separation of Powers
The 3 branches of government must be independent of one another.
however in Canada, the Executive often directs the Legislative branch.
What is a Bicameral Legislature?
One that has 2 bodies; often a Lower House and Upper house.
Lower: House of Representatives
Upper: Senate
can be a combination of Elected & Appointed or Just elected.
What is Legislation?
Written Laws made by legislative assemblies
What are Statues and how are they described within Legislation?
Statues are the Primary form of Legislation.
In a Federal State - Statues can then be either Federal Statues or Provincial Statues.
What are the 4 Types of Statues in Canada?
- Constitutionally Entrenched -
- Federal Statues
- Provincial Statues
- Territorial Statues
What is the Supremacy Clause
Part of the Constitution of 1982 - states that the Constitution is the Supreme law and any Federal or Provincial Statue that offends or is in consistent - is “Of No Force or No Effect”
Describe 2 Constitutionally Entrenched Statutes?
The Contitution Act of 1867 and
The Canada Act of 1982
WhAt is the Double-Aspect LaW?
and name an example of one
When a Law who subject falls within a federal subject area and a provincial one.
Can be enacted by Parliament or provincial governments.
Traffic Offences are good example: Dangerous Driving (Civil Rights Provincial & Criminal Federal)
What happens when Provincial and Federal laws - in overlapping jurisdictions conflict?
Federal Paramountcy Doctrine kicks in where Federal law prevails.
Describe the process how a Statute becomes Law
- Statute is created
- Moves to the House C - for 3 Readings
- Moves to the Senate for 3 readings
if approved - Receives Royal Assent - formal approval of the bill by monarchs representative.
When does a Bill become a Statue?
A bill becomes a statute when it receives Royal Assent.
How is the process for Provincial bills becoming Statute’s different from Federal?
Provinces are Unicameral - and only have one House. thus there are only 3 readings before royal Assent.
How are the Territories Rule Making Process different?
Territories have Legislatures, but NWT and Nunavut - have no parties. The have a CONSENSUS style government.
What are 2 main types of Regulations?
Ordinary Regulations; used to fill in details of a Statutory Regime: often procedural rules or ‘fees’ - and can be changed easily.
Rules of Practice: Procedural rules to follow when pursuing types of claims. Bankruptcy rules and or Immigration rules.
