Module 2

Question 1

What is the point of a Constitution?

Answer 1

It creates a structure of government and is the source of how the state itself is founded and operates

Question 2

What is Sovereignty?

Answer 2

the power of ligitimate authority to make law and to enforce that law with force if necessary.

Question 3

What does the Supreme Court of Canada say about the Constitution?

Answer 3

that it provides a framework for out system of government and that it governs the states relationship with the individual

Question 4

What exactly is our constitution and where?

Answer 4

According to the Constitution act, its these three things:
1) The Canada act 1982
2) The Scts and orders referred to in the schedule
3) Any amendment to any act referred to in 1 or 2

Question 5

The first and enduring constitutional law in Canada existed in the laws and relationships between _________ __________.

Answer 5

Indigenous nations

Question 6

In 1867, what act enacted by the British Parliament in London created the country called Canada and structured the existence of the federal government and other provincial legislatures???

Answer 6

The British North America Act.

Question 7

What is the British North America Act called now?

Answer 7

Constitution Act of 1876

Question 8

What did the Constitution Act of 1876 tell us? (3)

Answer 8

What topics the federal givernment is allowed to make laws about, what topics provincial government is allowed to make topics about, and that Canada would have a constitution similar in principle to that of the UK

Question 9

What does the Constitution NOT say??

Answer 9

It doesnt say anything about a Prime minister or even the job title, the idea of a prime minister is part of our unwritten traditions

Question 10

In 1982, Canada added another key constituional document, what is this document?

Answer 10

The “Constitution Act 1982”
This act added the Charter of Rights and Freedoms, and secion 35 of rhe ConstitutionSct 1982 added Aboriginal and treaty rights in an amending formula

Question 11

What is constitutional Supremacy?

Answer 11

Any law that is in conflict with the constitution is of no force or effect

Question 12

What is Parliamentary Supremacy?

Answer 12

Parliament has the right to make or unmake any law, and that no person is recognized by the law as having a right to overide or set aside the legilation of parliament

Question 13

What does “Striking down” legislation lean

Answer 13

taking it away

Question 13

What is “reading in” and “reading down”

Answer 13

adding things to laws or taking out things

Question 14

If the government abuses your right in contravention of the Charter, you can sue the government for ________.

Answer 14

Damages

Question 15

in 1982, the Constitution Act enacted an amending formula, what did this do

Answer 15

Change to the cosntitution would have to follow a strict amending formula that involves support from both arliamet and a number o provincial legislatures

Question 16

What is Federalism?

Answer 16

the division of legislative power within a state

Question 17

What is one of the most important principes of Canadian constitutional law according to the Supreme Court?

Answer 17

Federalism

Question 18

Why cant Canada act under one parliament as a unified state?

Answer 18

because theirs too much regional diversity

Question 19

What does the “Dominant Tide” of federalism mean?

Answer 19

the idea that powers between levels of givernment actually overlap in all kinds of ways (this can also cause conflicts)

Question 20

If a federal law and provincial law conflict with each other, what doctrime says that when this happebs, federal law will prevail over the provincial law?

Answer 20

Federal Paramountcy