Constitution

Question 1

The fundamental rules by which a country is governed

Answer 1

constitution

Question 2

T/F is there a single document that contains all aspects of the Canadian Constitution?

Answer 2

F

Question 3

Four basic elements of the Canadian Constitution

Answer 3

1. Formal constitutional documents
2. Ordinary acts of the Canadian parliament and provincial legislatures that are of constitutional nature
3. Constitutional conventions
4. Judicial decisions that interpret the constitution

Question 4

What established Canada as a federal union of 4 provinces? What were those provinces? Act also called the?

Answer 4

• Constitution Act, 1867
• Ontario, Quebec, Nova Scotia, New Brunswick
• BNA Act

Question 5

2 major documents of the Constitution

Answer 5

-Constitution Act, 1867 &Constitution Act, 1982

Question 6

The CDN CONST. is a hybrid of whose constitutions? Which functions of the constitution are largely influenced by whose const?

Answer 6

US + UK

Branches: UK
Levels, Amending Formula, Charter of Rights and Freedoms: US

Question 7

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

Answer 7

The 5 functions of the CDN constitution include:

1. define powers & responsibilities of the 3 branches of government
2. define powers &; responsibilities of the 2 levels of government
3. Amending Formula
4. Charter of Human Rights(optional in many other constitutions)
5. Symbolic & National Unity Function

Question 8

The 3 branches of govt are? What are their functions?

Answer 8

legislative – makes laws
executive – implements laws
judicial – mostly enforce the laws

Question 9

BRANCHES OF GOVT

_______ – makes laws
executive – _________ _______
_______ – mostly enforce the laws.

Answer 9

legislative – makes laws
executive – implements laws
judicial – mostly enforce the laws

Question 10

2 LEVELS OF GOVT? Functions?

Answer 10

• common government to all (called federal gov’t now)

- provinces (specific to certain area/not common to all : ex: states, cantons, londer)

Question 11

IF the legislature terminates government two things can happen:

Answer 11

1. call for an election

2. or the governor general may ask another party leader to seek approval of the house.

Question 12

Responsible government means…

Answer 12

the executive is part of AND responsible to the legislature

Question 13

What does it mean when we say the Government is responsible to the legislature…
Give an example of this.

Answer 13

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.

Question 14

Components of parliament

Answer 14

House of Commons, Senate, Crown

Question 15

2 Houses of parliament or…

Answer 15

Bi-cameral legislature… who cares?..David cares…

Question 16

Why is our system considered ‘agile’ or ‘flexible’

Answer 16

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

Question 17

How can the Prime Minister be replaced even if the majority government remains?

Answer 17

1. .In fighting in the majority government
2. Party caucus can vote the leader out
3. Cabinet mutiny

Question 18

Ways the Government can fall in the Parliamentary System?

Answer 18

1. Minority System - non confidence vote
2. Majority Government - infighting (etc)
3. Premier ends government and calls election

Question 19

responsible for patriating the constitution in 19___

Answer 19

Constitution Act of 1982

Question 20

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 ______________

Answer 20

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

Question 21

Act that formalized the independence of Canada

Answer 21

Statute of Westminster

Question 22

Authority of the courts to invalidate laws passed by Parliament or provincial legislatures that they deem to be in violation of the Constitution

Answer 22

Judicial Review

Question 23

Highest court of appeal.
Used for..
Instrumental for

Answer 23

• Judicial committee of the Privy Council
• constitutional and civil matters until 1949
• clarifying division between parliamentary and provincial govt

Question 24

Widely accepted informal constitutional rules

example:

Answer 24

• constitutional conventions

- prime minister and cabinet must maintain the confidence of the House of Commons

Question 25

why are constitutional conventions important

Answer 25

because the document itself does not explicitly describe how govt should operate

Question 26

unwritten views of democracy within the constitution include

Answer 26

democracy, federalism, minority protection and judicial independence

Question 27

why do we need an amending formula?

Answer 27

to prevent the government from changing the constitution too easily. It is very rigid and ensures the govt is accountable