CHP 2 - The Constitution: Master Document

Question 1

Constitution

Answer 1

A set of rules that authoritatively establishes both the structure and the fundamental principles of the political regime

Question 2

Legislative Power

Answer 2

The power to make law and set public policy

Question 3

Executive Power

Answer 3

The power to “execute or administer that law or policy

Question 4

Judicial Power

Answer 4

The power to settle questions about specific violations of said law and to choose a suitable punishment for those found guilty

Question 5

Residual Power

Answer 5

Ensures that every area of legislation comes under one or both of Canada’s two orders of government.

Question 6

Constitutional Convention

Answer 6

Constitutional conventions are the unwritten rules of a system of government
They are enforced politically and by public opinion (they are not enforced legally)
Ex : shaking someone’s hand

Question 7

Constitutional Law

Answer 7

Rules of a constitutional nature that are enforced by courts

Question 8

Organic Statues

Answer 8

Deal with the “organs” of the regime
More detail - but not “entrenched law”
They are revocable - can be passed by a simple majority in whatever legislative body is required
Will usually deal with one specific institution

Question 9

Entrenched Constitutional Act

Answer 9

They are enforceable by courts, but they differ from organic statutes in which they require high consent - a public referendum for example
Have high status

Question 10

Entrenchment (benefits)

Answer 10

Provides the most effective means of guaranteeing citizen’s rights and liberties

Question 11

Preamble

Answer 11

An introduction stating the reasons for the act that follows (ex : CA 1867)

Question 12

Patriate

Answer 12

Literally to “bring to the father land”

Question 13

Royal Proclamation of 1763

Answer 13

In 1793, the British issued a policy statement, setting out the territorial limits of European settlements on lands occupied by the Indigenous peoples and establishing new provinces

1. Asserts British Sovereign Authority
2. Makes solemn commitments to protect

Question 14

Veto

Answer 14

to block an action or to not participate

Question 15

Judicial Review

Answer 15

A process by which courts make sure that the decisions of administrative bodies are fair, reasonable, and lawful.

Question 16

The Clarity Act

Answer 16

The Clarity Act produced an agreement between Quebec and the federal government that any future referendum must

1. Have a clear majority
2. Be based on an unambiguous question
3. Have the approval of the federal House of Commons

Question 17

Regime Principles (4)

Answer 17

1. Popular Rule
2. Equality
3. Liberty
4. Reconciliation

Question 18

Constitution Act : 1867

Answer 18

Creation of a union of 3 British Colonies into a new political dominion called the “Dominion of Canada”
Establishes different aspects such as union of provinces, division of powers and the outlines of executive & legislative powers

Question 19

Constitution Act : 1982

Answer 19

Was an amending formula for the CA 1867 and a change in the Constitution
Includes aspects such as the Charter of rights and freedoms, constitutional declaration of the rights of indigenous peoples, etc.

Question 20

Federalism

Answer 20

The federal principle or system of government.

Usually use “division of powers” not “separation of powers”

Question 21

Treaty

Answer 21

Is formally concluded and ratified agreement that one sovereign entity negotiates with another sovereign entity. The government’s position is that only the Crown is sovereign in Canada

Question 22

Patriation

Answer 22

Post-referendum in Quebec
Gang of Eight
Supreme Court - “substantial consent” of the provinces

Question 23

Unanimous Agreement (Section…)

Answer 23

Section 41 and it includes
The crown
MP numbers below current floor
Official language
Composition of the supreme court
Amending formula

Question 24

General Procedure (Section…)

Answer 24

Section 38 and it includes
Bulk of anticipated changes
7/10/50 formula
Parliament +7 of the 10 provinces making up 50% or more of the population

Question 25

Complex Changes (Section/s…)

Answer 25

Sections 38 & 41

Question 26

Simple Amendments (Section/s…)

Answer 26

Section 44: parliament can change some legislative and executive functions of the federal government

Section 45: provinces can make changes to their own provincial constitutions

Section 43: changes which concern only some provinces or one province

Question 27

Entrenchment (purpose)

Answer 27

Of a constitution provides the most effective means of guaranteeing citizen’s rights and liberties

Question 28

Constitutional Conventions (4)

Answer 28

Functions Include

1. Establishing who will exercise different forms of political authority
2. Provide an authoritative division of powers between national and regional governments
3. Limit of governmental power
4. Provide ways to change it