define public law Flashcards

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1
Q

define public law

A

regulates relations between the state and individuals as well as society at large,

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2
Q

what types of law does public include

A

constitutional, administrative, criminal, and tax

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3
Q

what is law

A

an institution that exercises sovergin power that is considered to act on behalf of the public law in a given geographic area

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4
Q

what institutions does the state act through

A

federal and provincial

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5
Q

what are the 3 branches

A

executive, judiciary and legislature

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6
Q

what are the functions of the state

A

pursing collective action, protecting private intersts, ensuring citizen control, promoting equality

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7
Q

what are the written documents

A

consis 1867, consis 1982, statue of westminsiter 1931

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8
Q

Unwritten principles include

A

Federalism, democracy, etc

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9
Q

what are the models of federalism

A

consultation, coordination, collaboration, joint decision making, competitive federalism

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10
Q

what is consultation

A

discussion before taking an independent action

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11
Q

what is coordination

A

developing mutually acceptable policies that each level implements

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12
Q

what is collaboration

A

working together as equal

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13
Q

what is joint decision making

A

approved by both levels of goverment

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14
Q

what is competitive federalism

A

each level maximizes its autonomy and areas of influence

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15
Q

what is the meaning of executive federalism

A

the processes of negotiation that is dominated by relations between the elected and appointed

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16
Q

what is the meaning of rule of law

A

existence of rules, exercise of public law must have a source in law, no one is above the law

17
Q

what is one element of rule of law

A

creates normative of framework for society

18
Q

what is the importance of rule of law

A

glues to bind society together

19
Q

what does it mean by protection

A

respects limits

20
Q

what are some characteristics of first nations

A

no law, forced into the dominant system, not able to speak with assistance

21
Q

how do you understand the position of first nations

A

give up land exchange udner con for reservations for indians and adoptions also known as calder act 1973

22
Q

how is the legislative branch formed

A

represented by the crown, becomes a law after royal assent, house of commons senate and then crown

23
Q

what happens in the legislative branch

A

daily question period for 45 mins, promotes accountablity between the house of commons PM and cabinent

24
Q

is this method effective

A

no

25
Q

what does self government allow

A

maintain traditions, own destiny

26
Q

what are some problems that occur with first nations

A

the way they speak

27
Q

what kind of system does house of commons deal with

A

parliamentary system

28
Q

what is the speech of throne

A

policy read by governor general

29
Q

what is public bill

A

concern made by public

30
Q

what is a private law

A

made by one person

31
Q

what is majority

A

has more power

32
Q

what is minority

A

needs more than one person