CHP 2 - The Constitution: Master Document Flashcards
Constitution
A set of rules that authoritatively establishes both the structure and the fundamental principles of the political regime
Legislative Power
The power to make law and set public policy
Executive Power
The power to “execute or administer that law or policy
Judicial Power
The power to settle questions about specific violations of said law and to choose a suitable punishment for those found guilty
Residual Power
Ensures that every area of legislation comes under one or both of Canada’s two orders of government.
Constitutional Convention
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
Constitutional Law
Rules of a constitutional nature that are enforced by courts
Organic Statues
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
Entrenched Constitutional Act
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
Entrenchment (benefits)
Provides the most effective means of guaranteeing citizen’s rights and liberties
Preamble
An introduction stating the reasons for the act that follows (ex : CA 1867)
Patriate
Literally to “bring to the father land”
Royal Proclamation of 1763
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
- Asserts British Sovereign Authority
- Makes solemn commitments to protect
Veto
to block an action or to not participate
Judicial Review
A process by which courts make sure that the decisions of administrative bodies are fair, reasonable, and lawful.
The Clarity Act
The Clarity Act produced an agreement between Quebec and the federal government that any future referendum must
- Have a clear majority
- Be based on an unambiguous question
- Have the approval of the federal House of Commons
Regime Principles (4)
- Popular Rule
- Equality
- Liberty
- Reconciliation
Constitution Act : 1867
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
Constitution Act : 1982
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.
Federalism
The federal principle or system of government.
Usually use “division of powers” not “separation of powers”
Treaty
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
Patriation
Post-referendum in Quebec
Gang of Eight
Supreme Court - “substantial consent” of the provinces
Unanimous Agreement (Section…)
Section 41 and it includes The crown MP numbers below current floor Official language Composition of the supreme court Amending formula
General Procedure (Section…)
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
Complex Changes (Section/s…)
Sections 38 & 41
Simple Amendments (Section/s…)
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
Entrenchment (purpose)
Of a constitution provides the most effective means of guaranteeing citizen’s rights and liberties
Constitutional Conventions (4)
Functions Include
- Establishing who will exercise different forms of political authority
- Provide an authoritative division of powers between national and regional governments
- Limit of governmental power
- Provide ways to change it