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POL100 > Week 7 - Judicial Branch > Flashcards

Week 7 - Judicial Branch Flashcards

1
Q

constitutional gov’t

A

consistently acts in accordance w established fundamental rules/principles

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2
Q

(2) constitutions limit power by:

A
  • allocating to different institutions (avoid concentration)

- impose restrictions on content of laws

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3
Q

bill of rights

A

protects civil rights and liberties

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4
Q

codified constitution (3)

A
  • set in formal (set of) document(s)
  • Britain does not have this
  • not completely detailed
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5
Q

constitutional conventions (2)

A
  • consistently followed fundamental principles

- not contained in legal document/enforceable

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6
Q

Constitution Act 1867 (3)

A
  • Act of UK Parliament
  • established Canada (united colonies)
  • many features of Canada’s governing system
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7
Q

Constitution Act 1982 (4)

A
  • PM Pierre Trudeau
  • full nation-statehood, fully Canadian
  • Charter of Rights and Freedoms
  • procedures for amending constitution
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8
Q

4 elements of a constitution

A
  • preamble
  • provisions (institutions, procedures for passing laws)
  • rights/freedoms of population
  • procedures for amending/changing constitution
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9
Q

preamble

A

statement concerning basic values/goals of country

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10
Q

constitutional monarchy

A

governing system; monarch = official head of state but limited by constitution

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11
Q

Charter of Rights and Freedoms (1982)

A
  • allows courts to invalidate legislation

- applies to actions of all gov’ts/organizations under gov’t control

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12
Q

basic provisions of Charter of Rights (eg 6)

A
  • fundamental freedoms
  • democratic
  • mobility
  • legal rights
  • equality
  • language
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13
Q

reasonable limits clause (2)

A
  • allows for “reasonable limits” to be placed on rights/freedoms
  • limits: justifiable
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14
Q

notwithstanding clause (2)

A
  • allows legislative body to declare a particular law operates notwithstanding Charter
  • effective 5 years
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15
Q

constitutional amendment

A

formal change to constitution

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16
Q

meech lake accord 1987 (3)

A
  • proposed constitutional changes
  • not passed
  • controversial provisions (recognition of Quebec as a distinct society)
17
Q

charlottetown accord (1992) (4)

A
  • proposed constitutional changes
  • recognition of Aboriginal rights to self-govern
  • major changes to senate
  • defeated in referendum
18
Q

judicial review

A

authority of courts to strike down legislation/governmental actions that courts deem to be in violation of constitution

19
Q

courts in common law system vs in civil law

A
  • common: bound by precedent

- civil: follow code written down + apply principles to every case

20
Q

parliamentary sovereignty

A
  • basic principle of British governing

- courts cannot invalidate an Act of Parliament

21
Q

transitional democracies (2 examples)

A
  • Zimbabwe

- Pakistan

22
Q

political disputes example

A

Quebec Secession Reference

23
Q

Reasons for Charter (4)

A
  • rule of law not enough to protect citizen rights
  • War Measures Act
  • JPN 1940s Internment camps
  • FLQ crisis 1970
24
Q

Moderate Quebec Nationalism (5)

A
  • autonomy/political independence
  • Premier Rene Levesque/Jacques Parizeau
  • soveriegnty-association
  • referendum process
  • separatism
25
Q

FLQ 1970

A
  • small radical independence movement

- Bombings, kidnappings

26
Q

October Crisis 1970 w FLQ

4

A
  • kidnapping/murder of Pierre Laporte (Liberal Quebec minister)
  • suspension of civil liberties (400 arrested/detained for no reason)
  • Trudeau intervened
  • need Charter to protect from arbitrary action of gov’t
27
Q

advantages vs disadvantages of electing judges

A

a: legitimacy, more democratic, shorter terms
d: bribing, majority focus

28
Q

advantages vs disadvantages of electing judges

A

a: legitimacy, more democratic, shorter terms
d: bribing, majority focus

29
Q

Bill c51

A

(pg252)

POL100 (7 decks)

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