CH 12: Constitutions, Courts, and Laws

Question 1

constitution

Answer 1

fundamental rules and principles states are governed by

Question 2

constitutional government

Answer 2

govt that consistently acts in accordance to established fundamental rules and principles

Question 3

codified constitution

Answer 3

constitution whose major provisions are set out in formal constitution documents

Question 4

constitutional conventions

Answer 4

norms/principles follow but not within legal document (ex. prime ministership)

Question 5

constitutional provisions

Answer 5

preamble, institutions of govt, rights and freedoms, procedure for amendment

Question 6

preamble

Answer 6

concerns basic values and goals of a country

Question 7

provisions

Answer 7

• concerns institutions of government and procedures for passing laws
• establishes rights and freedoms

Question 8

procedures of amendment

Answer 8

to amend the constitution

Question 9

national legislature

Answer 9

make laws

Question 10

who is executive authority held by?

Answer 10

president or prime minister

Question 11

role of judiciary

Answer 11

interprets, adjudicate, and settles disputes

Question 12

what are some functions of the constitution?

Answer 12

• provide legitimacy to government
• ensures stability
• settles disputes
• has amendment procedures for laws of state
• ensures certainty of laws and protects rights

Question 13

rule of law

Answer 13

• equality before the law
• supremacy of the law
• respect of fundamental human rights

Question 14

flexible clauses

Answer 14

more easy to amend, similar to ordinary legislation

Question 15

rigid clauses

Answer 15

entrenched provisions (like rights) with more demanding amendment procedures

Question 16

Canadian Constitution

Answer 16

• Constitution Act, 1867
• core written element
• Constitution Act, 1982
• made it fully canadian and added Charter of Rights and Freedoms

Question 17

Cnd Charter of Rights and Freedoms

Answer 17

• fundamental freedoms
• democratic rights
• mobility rights
• legal rights
• equality rights
• language rights

Question 18

reasonable limits clause

Answer 18

allows laws to place reasonable limits on rights and freedoms within limits of a “demonstrably justified in a free and democratic society”

Question 19

section 33: notwithstanding clause

Answer 19

lets parliament or provinces to override some rights (effective 5 years but re-enactable)

Question 20

judiciary

Answer 20

judges within the system of courts that interpret and apply the law in the constitution

Question 21

judicial review

Answer 21

power of courts to nullify laws or actions of govt officials that impede on the constitution

Question 22

judicial activism

Answer 22

willingness of judges to influence policy beyond legal reasoning (social, political, cultural)

Question 23

international court of Justice

Answer 23

can only adjudicate disputes if involved states accept its jurisdiction

Question 24

international criminal court

Answer 24

• est 2002
• for genocide and war crimes
• has limited jurisdiction over cases and trials
• US, Rus, China refused to sign