Human Rights Flashcards
Sovereignty-association:
The concept put forth by the Parti Quebecois government of Rene Levesque, whereby Quebec would become a sovereign jurisdiction in all areas of law making, but would maintain economic association with the rest of Canada
Entrenchment:
Protecting a portion of a constitution by ensuring that it can be changed only through constitutional amendment
Power of Disallowance:
A power granted to the federal government by s.90 of the Constitution Act, 1867 that gave it the right to disallow provincial legislation (declare it void) within one year of its passage; a type of veto power that has not been used since World War II and that is generally considered to be no longer valid
Reasonable Limits:
Restrictions on rights and freedoms that are imposed if the merits of the limits are determined to advance society’s interests
Notwithstanding Clause:
A clause in the Charter that may be invoked by parliament or provincial legislatures to override basic Charter provisions
Strike Down:
To rule that a piece of legislation in inconsistent with the Charter and is no longer valid
Judicial Activism:
The perception that judges, rather than Parliament, are making laws and imposing their personal values in their judgements
Read Down:
To rule that, while a piece of legislation may generally be consistent with the Charter, it is inconsistent in the particular case at hand
Discrimination:
Treating a person differently or adversely for no valid reason
Stereotyping:
Judging one person of a group and applying that judgement to all group members
Prejudice:
An opinion or judgement, especially an unfavourable one, based on irrelevant considerations or inadequate knowledge
Human Rights:
The rights of an individual that are considered basic to life in any human society, including the right to religious freedom and equality of opportunity; when such rights require protection, intervention by the state is necessary
Internment:
Confinement, such as in wartime, when a country forces people considered enemies to live in a special area or camp
Balance of Probabilities:
The basis of greater likelihood; the degree of proof in civil law, in comparison with proof beyond a reasonable doubt in criminal law
bona fire: (Latin)
“In good faith”; legitimate, genuine