Constitutional Law Flashcards

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1
Q

Historically, which of the following is a source of law?

A

Common law and statutes.

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2
Q

Which group is associated with the creation of laws through religious texts?

A

Religious groups.

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3
Q

Who were considered leaders that contributed to the formation of laws?

A

Monarchs and Lawmakers

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4
Q

Customs and traditions are examples of what in the context of law?

A

sources of law

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5
Q

What are the three major sources of Canadian law?

A

statute law, common law, and constitutional law.

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6
Q

Which source of Canadian law is considered the highest?

A

The constitution

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7
Q

What does the term “supersede” mean in the context of Canadian law?

A

To override or replace

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8
Q

What is a constitution?

A

A foundational legal documents

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8
Q

What is considered the highest source of law in a country?

A

The constitution

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8
Q

What is a characteristic of laws and principles established in a constitution?

A

They are supreme and binding

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9
Q

What is required to change Canada’s Constitution according to the example

A

Amending formula

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10
Q

What is the origin of the word “constitution”?

A

From the Latin word “Constitutio”

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11
Q

What year was the British North America Act enacted?

A

1867

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11
Q

Which governing body enacted the British North America Act?

A

The British Parliament

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12
Q

What did the British North America Act create?

A

The Dominion of Canada

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13
Q

How many provinces originally comprised Canada under the British North America Act

A

4

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14
Q

Which of the following was NOT one of the original provinces under the British North America Act?

A

Newfoundland

15
Q

What did the preamble of the British North America Act, 1867 state about Canada’s constitution?

A

It affirmed the establishment of Canada.

15
Q

What does the British North America Act, 1867 outline regarding statute laws?

A

They must be consistent with the Constitution.

16
Q

What powers did the British North America Act, 1867 give?

A

Federal powers to legislate.

17
Q

Which of the following is a federal power according to the British North America Act, 1867?

A

Immigration

17
Q

What does the British North America Act, 1867, say about laws related to “Peace, Order and Good
Government”?

A

The federal government can make laws for peace, order, and good government.

17
Q

Which of the following is NOT listed as a federal power in the British North America Act, 1867?

A

Education

18
Q

Which of the following is a provincial power under the British North America Act, 1867?

A

Health Care

19
Q

What does the administration of justice include according to the British North America Act, 1867?

A

Courts and Law Enforcements

20
Q

Which area is NOT listed as a provincial power in the British North America Act, 1867?

A

Natural Resources

21
Q

Under the British North America Act, 1867, which of the following is a responsibility of provincial
governments?

A

Education and Health care

21
Q

What was required to change the constitution according to the document?

A

Approval from The British Parliament

22
Q

Who had the power to change the laws, although it rarely happened?

A

the British Parliament

23
Q

What did Canada begin to ask for after demonstrating more independence during World War I?

A

Full Sovereignty

24
Q

What did the Statute of Westminster allow Canada to do?

A

Gain legislative independence

25
Q

What did the Statute of Westminster 1931 grant Canada in terms of foreign policy?

A

Control over foreign affairs

26
Q

What did Canada still require from Britain after the Statute of Westminster 1931?

A

Approval for constitutional changes.

26
Q

Who was the Prime Minister of Canada when the Constitution was formalized in 1982?

A

Pierre Trudeau.

27
Q

Which monarch signed the Canadian Constitution into law in 1982?

A

Queen Elizabeth II.

28
Q

On what date was the Canadian Constitution signed into law?

A

April 17, 1982.

29
Q

What are the two major parts of the Patriation of the Canadian Constitution in 1982?

A
29
Q

What does the Charter of Rights and Freedoms do in the constitution?

A

Protects individual rights and freedoms.

30
Q

Why must all other laws be in line with the Constitution according to the Charter?

A

To ensure legality and consistency.

31
Q

Which of the following is included in Fundamental Freedoms?

A

Freedom of Speech

32
Q

What is an example of Democratic Rights?

A

The right to vote

33
Q

Which of the following is NOT listed under Fundamental Freedoms?

A

Freedom of assembly