Chapter 8: Constitutional Law Flashcards
What is a constitution?
Legal framework for the government. Supreme law of the land, the law that governs government.
What are the three branches?
Executive, legislative, judicial
What does constitutional law apply to?
the government
What 3 documents make up constitutional law?
The BNA Act, 1867
Charter of Rights and Freedoms
Constitution Act, 1982
What does constitutional law set out?
The powers of government, and the rights of the citizens of Canada.
What type of parliament does Canada have?
Bicameral
What does it mean to have a bicameral parliament?
There is an elected house of commons and an appointed senate.
What does the HOC do?
reflects the will of the people
What does the Senate do?
“Sober Second Thought”. Not constrained by concerns of re-election
Ultra Vires
Outside jurisdiction
Intra Vires
Inside Jurisdiction
Cooperative Federalism
Federal and provincial governments through negotiations and relationships develop mechanisms for redistribution of powers and resources.
Ammending Formula
Needs the support of the HOC and Senate, 2/3 of provinces provided the 2/3 comprises 50% of the population.
Canadian Bill of Rights of 1960
Not entrenched in the charter, but passed by federal statute.
Challenges/calls into question parliamentary supremacy since courts can strike down a law.
Canadian Charter of Rights and Freedoms
- Entrenched in the Constitution Act.
- Shifted power from legislative branches to judicial.
- Judges would determine if federal or provincial legislation offends the charter
- set aside laws that contravene a protected right
- diminished strict adherence to the doctrine of parliamentary supremacy
