Constitution Flashcards
3 elements to the constitution
- laws/statutes
- Case law/court decisions (SCC) dealing with constitutional issues
- Conventins
two constitution acts
- constitution act 1867
- constitution act 1982
constitution act 1867 formerly
British North America Act (BNA Act)
constitution act 1867 significance/ did what
- created dominion of Canada
- divided power among 3 branches of gov (executive, judicial, legislative)
- determined structures and powers between provincial and federal government
- structure of judicial system
constitution act 1982
- brought constitution home –> ended ties with the British government
- charter of right and freedoms
- amending formula for changes to the constitution
- .lists acts with constitutional status
amending requirements for changes to the constitution
requires consent of 2/3 of provinces containing 50% of the population
preamble of constitution act 1867
states Canada “ to have a constitution similar in principle to that of the United Kingdom” = Canada inherits some binding constitutional convention from the UK
conventions =
unwritten rules (dictating how government operates) / traditions
examples of conventions
- rule of law
- parliamentary supremacy doctrine
- monarchy/king/queen
- Governor General, lieutenant governor
- political parties
two types of constitutional cases
- division of powers
- charter of rights and freedoms
federal system has ____ legislative bodies
11 legislative bodies -> 1 federal, 10 provincial
constitution act ____ divides powers between ___( section __) and ____ (section __)
constitution act 1867 divides powers between FEDERAL section 91, and PROV section 92 governments
ultra vires
outside of jurisdiction, unconstitutional, –> must be struck down by courts
intra vires
VALID, legislation written within legislative body’s jurisdiction
section 91of constitution act 1867 is:
and includes
FEDERAL POWERS
1. trade and commerce
2. banking, currency
3. postal service,
4. criminal law
5. taxation (federal)
6. import/export
7. inter-provincial-international transpo
8. INTELLECTUAL PROPERTY
…
section 92 of constitution act 1867 is:
includes
PROVINCIAL POWERS
- responsible for their gov (prov) and lower levels of powers like municipal
1. municipal institutions
2. hospitals
3. administration of justice and courts within province
..
section 92A of constitution act 1867
amendment gives PROVINCE jurisdiction for NON-RENEWABLE NATURAL RESOURCES, FORESTRY resources, ELECTRICAL energy within province
section 93
gives provinces jurisdiction over education
who has jurisdiction over education +what section to find
provinces, section 93 of constitution act 1867
purpose/aim of constitution act 1867
promote a strong central/federal government
