Constitution Flashcards
The fundamental rules by which a country is governed
constitution
T/F is there a single document that contains all aspects of the Canadian Constitution?
F
Four basic elements of the Canadian Constitution
- Formal constitutional documents
- Ordinary acts of the Canadian parliament and provincial legislatures that are of constitutional nature
- Constitutional conventions
- Judicial decisions that interpret the constitution
What established Canada as a federal union of 4 provinces? What were those provinces? Act also called the?
- Constitution Act, 1867
- Ontario, Quebec, Nova Scotia, New Brunswick
- BNA Act
2 major documents of the Constitution
-Constitution Act, 1867 &Constitution Act, 1982
The CDN CONST. is a hybrid of whose constitutions? Which functions of the constitution are largely influenced by whose const?
US + UK
Branches: UK
Levels, Amending Formula, Charter of Rights and Freedoms: US
The 5 functions of the CDN constitution include:
1. define __________&________ of the 3 ___________________ of government
2.define __________&;________ of the 2 ___________________ of government
3.
4. (optional in many other constitutions)
5. Symbolic & _______ _______ Function
The 5 functions of the CDN constitution include:
- define powers & responsibilities of the 3 branches of government
- define powers &; responsibilities of the 2 levels of government
- Amending Formula
- Charter of Human Rights(optional in many other constitutions)
- Symbolic & National Unity Function
The 3 branches of govt are? What are their functions?
legislative – makes laws
executive – implements laws
judicial – mostly enforce the laws
BRANCHES OF GOVT
_______ – makes laws
executive – _________ _______
_______ – mostly enforce the laws.
legislative – makes laws
executive – implements laws
judicial – mostly enforce the laws
2 LEVELS OF GOVT? Functions?
- common government to all (called federal gov’t now)
- provinces (specific to certain area/not common to all : ex: states, cantons, londer)
IF the legislature terminates government two things can happen:
- call for an election
2. or the governor general may ask another party leader to seek approval of the house.
Responsible government means…
the executive is part of AND responsible to the legislature
What does it mean when we say the Government is responsible to the legislature…
Give an example of this.
If the government does not maintain approval from the legislature, they can be terminated by the legislature.
ex: Ontario 1985- the conservative government was unseated within 2 months and the NDP & Liberals governed for 2 years to avoid another election at the cost of tax payers.
Components of parliament
House of Commons, Senate, Crown
2 Houses of parliament or…
Bi-cameral legislature… who cares?..David cares…
Why is our system considered ‘agile’ or ‘flexible’
We can have appointed (not elected) officials from the senate as Prime ministers, election times are not rigid and non-confidence votes can upset the government
How can the Prime Minister be replaced even if the majority government remains?
- .In fighting in the majority government
- Party caucus can vote the leader out
- Cabinet mutiny
Ways the Government can fall in the Parliamentary System?
- Minority System - non confidence vote
- Majority Government - infighting (etc)
- Premier ends government and calls election
responsible for patriating the constitution in 19___
Constitution Act of 1982
Constitution Act of 1982 established a formula for amending the __________, added the _______, recognized rights of Aboriginal peoples and made a commitment to the principle of ______________
Constitution Act of 1982 established a formula for amending the CONSTITUTION added the CHARTER OF RIGHTS AND FREEDOMS, recognized rights of Aboriginal peoples and made a commitment to the principle of EQUALIZATION PAYMENTS
Act that formalized the independence of Canada
Statute of Westminster
Authority of the courts to invalidate laws passed by Parliament or provincial legislatures that they deem to be in violation of the Constitution
Judicial Review
Highest court of appeal.
Used for..
Instrumental for
- Judicial committee of the Privy Council
- constitutional and civil matters until 1949
- clarifying division between parliamentary and provincial govt
Widely accepted informal constitutional rules
example:
- constitutional conventions
- prime minister and cabinet must maintain the confidence of the House of Commons
why are constitutional conventions important
because the document itself does not explicitly describe how govt should operate
unwritten views of democracy within the constitution include
democracy, federalism, minority protection and judicial independence
why do we need an amending formula?
to prevent the government from changing the constitution too easily. It is very rigid and ensures the govt is accountable
