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
What is parliament sovereignty and its 3 principles?
The doctrine states that parliament has total power
1. federalism and parliamentary power (split jurisdiction)
2. CCRF and limitations of the parliamentary power
3. constitutional amendments and the partial parliamentary power
