Week 7 - Judicial Branch Flashcards
constitutional gov’t
consistently acts in accordance w established fundamental rules/principles
(2) constitutions limit power by:
- allocating to different institutions (avoid concentration)
- impose restrictions on content of laws
bill of rights
protects civil rights and liberties
codified constitution (3)
- set in formal (set of) document(s)
- Britain does not have this
- not completely detailed
constitutional conventions (2)
- consistently followed fundamental principles
- not contained in legal document/enforceable
Constitution Act 1867 (3)
- Act of UK Parliament
- established Canada (united colonies)
- many features of Canada’s governing system
Constitution Act 1982 (4)
- PM Pierre Trudeau
- full nation-statehood, fully Canadian
- Charter of Rights and Freedoms
- procedures for amending constitution
4 elements of a constitution
- preamble
- provisions (institutions, procedures for passing laws)
- rights/freedoms of population
- procedures for amending/changing constitution
preamble
statement concerning basic values/goals of country
constitutional monarchy
governing system; monarch = official head of state but limited by constitution
Charter of Rights and Freedoms (1982)
- allows courts to invalidate legislation
- applies to actions of all gov’ts/organizations under gov’t control
basic provisions of Charter of Rights (eg 6)
- fundamental freedoms
- democratic
- mobility
- legal rights
- equality
- language
reasonable limits clause (2)
- allows for “reasonable limits” to be placed on rights/freedoms
- limits: justifiable
notwithstanding clause (2)
- allows legislative body to declare a particular law operates notwithstanding Charter
- effective 5 years
constitutional amendment
formal change to constitution
meech lake accord 1987 (3)
- proposed constitutional changes
- not passed
- controversial provisions (recognition of Quebec as a distinct society)
charlottetown accord (1992) (4)
- proposed constitutional changes
- recognition of Aboriginal rights to self-govern
- major changes to senate
- defeated in referendum
judicial review
authority of courts to strike down legislation/governmental actions that courts deem to be in violation of constitution
courts in common law system vs in civil law
- common: bound by precedent
- civil: follow code written down + apply principles to every case
parliamentary sovereignty
- basic principle of British governing
- courts cannot invalidate an Act of Parliament
transitional democracies (2 examples)
- Zimbabwe
- Pakistan
political disputes example
Quebec Secession Reference
Reasons for Charter (4)
- rule of law not enough to protect citizen rights
- War Measures Act
- JPN 1940s Internment camps
- FLQ crisis 1970
Moderate Quebec Nationalism (5)
- autonomy/political independence
- Premier Rene Levesque/Jacques Parizeau
- soveriegnty-association
- referendum process
- separatism
FLQ 1970
- small radical independence movement
- Bombings, kidnappings
October Crisis 1970 w FLQ
4
- 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
advantages vs disadvantages of electing judges
a: legitimacy, more democratic, shorter terms
d: bribing, majority focus
advantages vs disadvantages of electing judges
a: legitimacy, more democratic, shorter terms
d: bribing, majority focus
Bill c51
(pg252)
