Constitution

Question 1

3 elements to the constitution

Answer 1

1. laws/statutes
2. Case law/court decisions (SCC) dealing with constitutional issues
3. Conventins

Question 2

two constitution acts

Answer 2

1. constitution act 1867
2. constitution act 1982

Question 3

constitution act 1867 formerly

Answer 3

British North America Act (BNA Act)

Question 4

constitution act 1867 significance/ did what

Answer 4

1. created dominion of Canada
2. divided power among 3 branches of gov (executive, judicial, legislative)
3. determined structures and powers between provincial and federal government
4. structure of judicial system

Question 5

constitution act 1982

Answer 5

1. brought constitution home –> ended ties with the British government
2. charter of right and freedoms
3. amending formula for changes to the constitution
4. .lists acts with constitutional status

Question 6

amending requirements for changes to the constitution

Answer 6

requires consent of 2/3 of provinces containing 50% of the population

Question 7

preamble of constitution act 1867

Answer 7

states Canada “ to have a constitution similar in principle to that of the United Kingdom” = Canada inherits some binding constitutional convention from the UK

Question 8

conventions =

Answer 8

unwritten rules (dictating how government operates) / traditions

Question 9

examples of conventions

Answer 9

1. rule of law
2. parliamentary supremacy doctrine
3. monarchy/king/queen
4. Governor General, lieutenant governor
5. political parties

Question 10

two types of constitutional cases

Answer 10

1. division of powers
2. charter of rights and freedoms

Question 11

federal system has ____ legislative bodies

Answer 11

11 legislative bodies -> 1 federal, 10 provincial

Question 12

constitution act ____ divides powers between ___( section __) and ____ (section __)

Answer 12

constitution act 1867 divides powers between FEDERAL section 91, and PROV section 92 governments

Question 13

ultra vires

Answer 13

outside of jurisdiction, unconstitutional, –> must be struck down by courts

Question 13

intra vires

Answer 13

VALID, legislation written within legislative body’s jurisdiction

Question 14

section 91of constitution act 1867 is:
and includes

Answer 14

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
…

Question 15

section 92 of constitution act 1867 is:
includes

Answer 15

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
..

Question 16

section 92A of constitution act 1867

Answer 16

amendment gives PROVINCE jurisdiction for NON-RENEWABLE NATURAL RESOURCES, FORESTRY resources, ELECTRICAL energy within province

Question 17

section 93

Answer 17

gives provinces jurisdiction over education

Question 18

who has jurisdiction over education +what section to find

Answer 18

provinces, section 93 of constitution act 1867

Question 19

purpose/aim of constitution act 1867

Answer 19

promote a strong central/federal government