Constitution of Canada

Question 1

Magna Carta:
who is above the law
what is the trial by
what revolution rights did it advocate
important name

Answer 1

no one is above the law
trial is by jury
Woman’s rights
Habis Corpus

Question 2

What relationship does constitution reflect

Answer 2

relationship between law and politics

Question 3

What is main objective of constitution

Answer 3

create institutions of the country that create and administer law

Question 4

Cheffins Constitution definition (4 points)
Constitution must:

Answer 4

1) creation of basic organs and institutions of public authority
2) Define powers possessed by each public institutions and relationship between one another
3) define processes of how law is created, limitations on power exercised by officials in public institutions. Assign and define limit of authority.
4) provide method of change for political leadership and basic of constitutional framework

Question 5

Laws relationship to constitution (2)

Answer 5

1. make up part of constitution
2. define the political process

Question 6

Where to find Canadian Constitution (4)

Answer 6

whole series of statutes, legal documents for how power is allocated in Canada. Non written and authoritative sources, conventions (not legally enforced)

Question 7

How are rules made in the constitution and what are they not defined in

Answer 7

consensus among leaders in political/ constitutional system and not defined in authoritative legal documents

Question 8

Bona Fides

Answer 8

Good Faith

Question 9

Mala Fides

Answer 9

Bad Faith

Question 10

Two things to remember about constitution

Answer 10

1. rules are misleading when examined without reference to historical context
2. rules are linked with constitution and cannot detach

Question 11

Two main parts of the constitution of Canada

Answer 11

Law and Conventions

Question 12

Define Constitutionalism

Answer 12

legitimate actors in the political system have authority as is vested by law. Any attempt to move beyond this illegal or ultra vires

Question 13

ultra vires

Answer 13

beyond the power and therefore void

Question 14

Sources of Constitution:
What do Authoritative sources create

Answer 14

create constitutional rules which are law as enforceable by the courts

Question 15

Sources of Constitution:
What do Persuasive sources create and they are also known as

Answer 15

create rules of constitution but not part of constitution itself. Courts cannot enforce as not laws

also know as conventions

Question 16

Sources of Constitution:
Entrenchment

Answer 16

Certain provisions of constitution are beyond normal control of either federal parliament/ provincial legislature

Question 17

If provisions are entrenched, can it be changed? Describe the process and significance

Answer 17

provisions of the constitution are regarded as so significant/important they can only be changed by extraordinary process

Question 18

Define De Jure

Answer 18

At law

Question 19

Define De Facto

Answer 19

in fact

Question 20

Define Patriated

Answer 20

amendment process for entrenched parts of the constitution are wholly domestic

Question 21

Define Amendment

Answer 21

change or addition to constitution designed to improve legislation

Question 22

Authoritative Sources of the Constitution
3 levels, and what is their job

Answer 22

Legislature, Courts and Royal Prerogatives. Main job is to produce law

Question 23

Authoritative Sources of the Constitution
Legislatures: What do they do and what can they be composed into (3)

Answer 23

create statutes that are relevant in Canada
broken into UK Parliament, Canadian Parliament, and Provincial Legislature

Question 24

Authoritative Sources of the Constitution
Legislatures - UK Parliament

what do they produce and how is is made up
what are two important statutes

Answer 24

produce legislation/statutes of significance in Canada and made up of 18 statutes from British Parliament and 14 orders of council

BNA Act 1867 and Constitutional Act 1982

Question 25

What is the BNA Act of 1867 (2) significant items

Answer 25

frame work of constitution, courts and supreme court created. Combined upper+lower canada, NB, NS into one nation called Canada

Question 26

What is Constitutional Act of 1982 What was created What was added What type of process

Answer 26

Charter or rights, domestic amending process, Added subsection on natural resources

Question 27

Authoritative Sources of the Constitution Legislatures - Canadian Parliament What is entrenched (2) What is not entrenched (2)

Answer 27

1871 where statute passed so feds couldn't destroy province after it is created, Supreme Court of Canada Election Act - Federal Court and Human Rights code, Canadian Bill of Rights

Question 28

Authoritative Sources of the Constitution Legislatures - Provincial Legislature What are provinces provided with in terms of laws/authority and the constitution

Answer 28

Provides legislature of each province to make laws of the constitution laws of the province

Question 29

Authoritative Sources of the Constitution Legislatures - Provincial Legislature what is required to change offices and constitution of provincial legislature (2)

Answer 29

unanimous provincial consent and consent of federal parliament

Question 30

Authoritative Sources of the Constitution - Courts what is their objective? What are they to interpret?

Answer 30

- produce constitutional law in accordance with common law - interpret constitutional statutes

Question 31

Authoritative Sources of the Constitution - Courts Prior to 1982 what was their focus Since 1982 what is their focus

Answer 31

- focused on constitution division of power - interpret the charter and once this is done it is only amendable through a formula

Question 32

Authoritative Sources of the Constitution - Royal Prerogatives what is it? <- relate to crown

Answer 32

residue of the legal power residing in the crown and passing through the crown to crown representatives called lieutenant governor

Question 33

Authoritative Sources of the Constitution - Royal Prerogatives - 5 main powers

Answer 33

appoint first minister/premiere dismiss first minister/premiere dissolve elected assembly declare war appoint ambassadors

Question 34

How did Royal Prerogatives get the main powers? Describe the evolution of the Magna Carta

Answer 34

William the conqueror became absolute monarch, forced king to surrender power as no longer could raise taxes, lost power but gained money

Question 35

Why are prerogative powers so necessary in the constitution?

Answer 35

Gives level of discretion, protect the democracy when the ministers are not acting appropriately

Question 36

What are Persuasive Sources (Conventions)?

Answer 36

make rules to influence lawmaker but not enforceable

Question 37

What are conventions (definition) i.e what are they intended for? Where are conventions contained? Why are they not breached?

Answer 37

guide political actors in how they function but not enforced by courts contained in generally accepted traditions and principles (crystallized norms). Don't breach due to political consequences

Question 38

What is a fundamental part of the constitution regarding conventions and law

Answer 38

some conventions are more important than the constitutional laws

Question 39

What are some other forms of persuasive sources (3)

Answer 39

Author writings, parliamentary rules, judicial decisions

Question 40

Restall Paper and Constitution

Answer 40

constitution is a mirror reflecting the national soul. The constitution embodies in a profound way, the nations basic political and philosophical orientation commonly referred to as its political culture