Constitutional Law Vocab Flashcards
Term used in the constitution Act, to collectively describe peoples of Native Indian, Inuit and Metis ancestry
Aboriginal Peoples
Procedure to change Canada’s constitution without the involvement of the British Parliament
amending formula
a proposed law; a draft form of an act or statue
bill
An act passed by British Parliament to create Canada in the first place
British North American Act (1867)
It set down legislation the civil rights and freedom that Canadians already had under common law (Applied to only federally controlled matters)
Canadian Bill of Rights (1960)
law based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statues or regulations
case law
Part of Canadas Constitution that protects the rights and freedoms of individuals in Canada
Charter of Rights and Freedoms (1982)
The supreme law in Canada that reflects how we treat our citizens and maintains government (represents our society)
Constitution
The new name for the British North American Act
Constitution Act (1867)
An act passed by British Parliament which gave Canada its full independence
Constitution Act (1982)
Constitutional Practices which are not legally enforceable through the courts
Constitutional Convention
Constitutional practices which are legally enforceable through the courts
Constitutional Principle
the principle that sovereignty should be divided between the federal government and the provinces as expressed in the constitution
division of powers (91-federal) (92-provincial)
fixed firmly securely made apart of in law; specifically, made part of Canadas constitution so it can only be changed by an amendment to the constitution
entrenched
a term originated by Native people to describe themselves and recognize that they belong to distinct cultural groups with sovereign rights based on being Canadas first inhabitants
First Nations
basic rights and freedoms that are divided into 4 areas under the charter
fundamental freedoms
4 areas under the fundamental freedoms
- conscience and religion
- thought, belief, opinion and expression
- peaceful assembly
- association
moral principles or norms for certain standards of human behavior
human rights
term used in the Constitution Act, 1982, to describe Native People who are not Inuit or Metis (imposed by European explorers)
Indian
Broken or violated, as in an agreement or right that is violated (When your rights are taken away in a way that’s not acceptable
infringed
person or organization knowingly commits a discriminatory act
intentional discrimination
authority or power to do something (such as make laws)
jurisdiction
provision in Canadian Charter of Rights and Freedoms allowing provinces and territories to create laws that operate in spite of certain contradictions with the charter
notwithstanding clause
a group of representatives called together to help make law for a country
parliament
a constitutional ruling that established the right of Women to be appointed to the senate
persons case
a legal decision that serves as an example and authority in subsequent similar cases (basis rule - the legal principle in which similar facts result in similar decisions)
precedents
provisions in the charter of Rights and Freedoms stating that Charter Rights and Freedoms are not absolute, so can be limited if their is justification
reasonable limits clause
the fundamental principle that society is governed by law that applies equally to all persons and that neither an individual nor the government is above the law
rule of law
laws or acts passed by government body such as parliament or provincial legislature
statute
is the state of having the vote/right to vote in political situations
suffrage
people or organizations treat others unfairly but are not aware that their actions are discriminatory
unintentional discrimination
a meeting of three or more people likely to cause a breach of the peace or to endanger the public
unlawful assembly (e.g., riot)
