Exam 1 Flashcards
Constitutional Act- 1791
divided Upper & Lower Canada, both got representative govs
Constitutional Convention
traditions that bind politicians to constitutional order
declaratory powers
Sec. 92, federal gov decides of a provincial issue is within it’s jurisdiction
Constitutional order
ALL written and unwritten rules for laws in Canada
functional federalism
civil servants perform most intergovernmental activities
reasonable limits clause
SEC 1- gov can pass laws that restrict rights if they are in the best interests of the country
Dialogue model
definitions of rights (agreed on by all orders of gov)
federalism
constitutionally based division of powers between 2+ orders of gov
notwithstanding clause
SEC. 33- legislatures can pass laws that breach rights (kitchen accord)
conventions
constitutionally binding rules supported by reason (we must)
customs
traditions bound by force of habit (we’ve done…)
practices
we’re trying, can change (we’re doing…)
norms
moral rules we follow (we should…)
devolution
power transfer from central government to regional
reservation
SEC. 55- fed gov can withhold prov laws until approved by GG
Disallowance
fed gov can veto prov laws
residual powers
any power not specified in constitution falls to fed gov
classical federalism
fed + prov’s do their own things
cooperative federalism
fed + prov’s work together
collaborative federalism
prov’s take lead but work with fed’s
horizontal imbalance
some provinces can fund themselves better
vertical imbalance
central gov revenue is > than regional gov capabilities
inter vs intra state federalism
inter- fed + gov interact together
intra- regional govs are represented in central gov
