chapter 2 Flashcards
(22 cards)
what is the functional definition of “law”
rules made by the government or the courts that can be enforced by the courts or other government agencies
which level of government, federal or provincial, has jurisdiction over legal issues?
legislative is both fed and provincial, Executive is federal and judicial are judges appointed provincially or federally
1 question posed when analyzing a case
has a right or freedom in the charter of rights been infringed?
2nd question
is the given legal problem governed by ommon law,statute law or both?
common law
the legal system developed in england based on judges abiding to the customs and traditions of the people and then following each others decisions
constitution
s the supreme law in Canada; the country’s constitution is an amalgamation of codified acts and uncodified traditions and conventions.
democratic rights
the right to vote
equality rights
the right to be treated equal and prohibits discrimination
executive
also known as the crown.
federal system
a. A system of government in which power is divided between a central authority and constituent political units.
fundamental freedoms
basic rights in the canadian charter of rights and freedoms, freedom of thought, religion,opinion,expression,belief and assembly
judicial
part government comprised of courts and officers of the court
judicial
1
judicial activism
describes judicial rulings suspected of being based on personal or political considerations rather than on existing law
legal rights
legal rights of individuals based on the canadian chatter of rights and freedoms, right against search and seizure
legislative
part of the government empowered with in acting laws.
not withstanding clause
Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (or “la clause dérogatoire” in French), or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter. As such, it is a controversial provision.[1]
parliamentary supremacy
principle that the primary law making body is parliament, statutes take priority over common law
rule of law
Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law
stare decisis
the position where judges must make the same decision previously made a judge in higher court in similar case
statute
law in the form of legislature passed by parliament
ultra vires
beyond the jurisdiction, authority or power of the decision maker
