Module 2 Flashcards
What is the point of a Constitution?
It creates a structure of government and is the source of how the state itself is founded and operates
What is Sovereignty?
the power of ligitimate authority to make law and to enforce that law with force if necessary.
What does the Supreme Court of Canada say about the Constitution?
that it provides a framework for out system of government and that it governs the states relationship with the individual
What exactly is our constitution and where?
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
The first and enduring constitutional law in Canada existed in the laws and relationships between _________ __________.
Indigenous nations
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???
The British North America Act.
What is the British North America Act called now?
Constitution Act of 1876
What did the Constitution Act of 1876 tell us? (3)
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
What does the Constitution NOT say??
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
In 1982, Canada added another key constituional document, what is this document?
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
What is constitutional Supremacy?
Any law that is in conflict with the constitution is of no force or effect
What is Parliamentary Supremacy?
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
What does “Striking down” legislation lean
taking it away
What is “reading in” and “reading down”
adding things to laws or taking out things
If the government abuses your right in contravention of the Charter, you can sue the government for ________.
Damages
in 1982, the Constitution Act enacted an amending formula, what did this do
Change to the cosntitution would have to follow a strict amending formula that involves support from both arliamet and a number o provincial legislatures
What is Federalism?
the division of legislative power within a state
What is one of the most important principes of Canadian constitutional law according to the Supreme Court?
Federalism
Why cant Canada act under one parliament as a unified state?
because theirs too much regional diversity
What does the “Dominant Tide” of federalism mean?
the idea that powers between levels of givernment actually overlap in all kinds of ways (this can also cause conflicts)
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?
Federal Paramountcy
