Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
18 Cards in this Set
- Front
- Back
What is a constitutional government? |
A government that consistently act in accordance with established fundamental rules and principles |
|
What is a constitution? |
The fundamental rules and principles by which state is governed
Lays out the basic relationship between the government and the people Including Rights and Freedoms |
|
What is a codified constitution? |
A constitution whose major provisions are set out
In a formal constitutional document or a set of constitutional documents |
|
What are constitutional conventions? |
Fundamental principles that are not contained in a legal document and are not generally enforceable in the courts But are consistently followed |
|
What is the Constitution Act, 1867? |
An act of the United Kingdom Parliament that established Canada It also set out many of the features of Canada's system of governing |
|
What is the Constitution Act, 1982? |
The act that made the Constitution fully Canadian
Added the Charter of Rights and Freedoms to the Constitution Establish procedures for amending the Constitution |
|
What is the Charter of Rights and Freedoms? |
Protects a variety of Rights and Freedoms
It is superior to ordinary legislation, explicitly allows the court to invalidate legislation
And the applies to the actions of all governments and organizations under the control of the government |
|
What are the 6 basic provisions of the Canadian Charter of Rights and freedoms? |
Fundamental freedoms Democratic rights Mobility right Legal rights Equality rights Language rights |
|
What is the Reasonable limits clause? |
A provision in the Charter of Rights and Freedoms that allows for reasonable limits to be placed on rights and freedoms Provided that the limits can be demonstrably justified in a free and Democratic Society |
|
What is notwithstanding clause? |
It allows a legislative body to explicitly declare That particular law shall operate notwithstanding the provisions of the charter.
Such a declaration is only effective for 5 years, although it can be re-enacted as often as is desired |
|
What is a constitutional amendment? |
A formal change to the Constitution |
|
What is judicial review? |
The authority of the court to strike down legislation or governmental action That the court deem to be in violation of the Constitution |
|
What is parliamentary sovereignty? |
Basic principle of the British system of governing
Recognizing Parliament as the Supreme lawmaking body
Such that the courts cannot invalidate an Act of Parliament |
|
What is judicial activism? |
The term used when the courts are active in invalidating legislation and government actions that are inconsistent with the Constitution |
|
What is common law? |
A system of law based on court judgments that have accumulated over many centuries |
|
What is private law? |
Law that deals with the relationship among individuals, groups, and businesses That are primarily as private interests rather than the general public interest |
|
What is codified law? |
A system of law based on the adoption of comprehensive set of principles That judges use to determine the outcome of particular cases |
|
What is Sharia law? |
A system of law based on the Quran, the teaching and practices of Muhammad, and Islamic jurisprudence |