WEEK 4 - The Legislature - 1st Branch of Government Flashcards
What are the general characteristics of the legislature?
Assembly composed of elected representatives charged to make laws for a particular territory
The supreme law-making auhtroity
Strongest branch as it can control the executive
Canada is bicameral - house of commons and the senate
Parliamentary system - federal states
What is a statute?
The primary form of legislation
Can be divided between federal and provincial
Subordinate legislation
What are the 4 types of statutes?
- constitutionally entrenched - cannot be modified by ordinary bill (fed and prov)
> enacted by parliament very early on (UK)
> can modify the senate, but very hard to eliminate - federal - parliament of Canada enact
- provincial
- territorial
What are the 4 key constitutional statutes in constitutionally entrenched statutes?
- Constitution Act, 1867 (BNA) - united prov. of Canada with others…
- Statute of Westminster,1931 - gave legislative independence to Canada (could not modify before)
- Canada Act, 1982 - gave all constitutional power to Canada
- Constitution Act, 1982 - Charter of Rights and Freedoms
How many parts are in Constitution Act, 1982?
7
What are the 2 questions posed when challenging the constitutionality of legislation via judicial review?
- Does the jurisdiction pass statutes exercising the powers of the parliament or the provincial legislature?
- Does the statutes infringe on the CCRF? (must be justified)
Key characteristics of federal statutes
enacted by senate, house of commons
can be passed only when parliament is in session
> started from the throne, ended with its prorogued
What are the sources of federal power?
Sec. 91, 93A, and 95
> 91 - the source of most federal power
1. 30 specific subject areas
2. POGG
Division-of-power test to determine the constitutionality
> “pith and substance”
What is POGG
Peace, Order, and Good Government
> general residuary power of parliament
> belongs to federal if residual (doesn’t have a set place)
What are the 5 steps to the creation of a federal statute?
- Canadian society
> values, beliefs, politics, economics, wealth, enviro.. - pre-parliamentary response
> consensus or conflict - parliamentary response
- bill reading
> requires 6 readings (3 in HC and 3 in senate)
> both must approve for the royal assent - Implementation
> proclamations
> regulations
What is a bill?
a draft version of a statute (hasn’t been approved by parliament yet)
Key characteristics of provincial statutes
Enacted by provincial legislatures’
Sources of power in sec. 92, 92A, 93, 95
> 92 is the biggest source
> no residual powers
Unicameral - bill only needs 3 readings
Key characteristics of territorial statutes
Enacted by legislative assemblies in three territories
> Yukon - party-based assembly
> NT and Nunavut - consensus style (reflects indigenous customs and decision-making)
Similar to provincial process
What is subordinate/delegated legislation?
The lawmaking power is passed down to or delegated to another body of authority to make a law
> delegates non potest delegate - cannot sub-delegate or give to another person
Regulations and municipal by-laws
What are Quasi-legislative materials?
Non-legislative written rules
Neither statutes nor a form of subordinate legislation
not legally binding but should be followed
> ex. policy statement, guidelines, court directions, agreements
