Constitutional Law Flashcards

(42 cards)

1
Q

Historically, which of the following is a source of law?

A

Common law and statutes.

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2
Q

Which group is associated with the creation of laws through religious texts?

A

Religious groups.

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3
Q

Who were considered leaders that contributed to the formation of laws?

A

Monarchs and Lawmakers

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4
Q

Customs and traditions are examples of what in the context of law?

A

sources of law

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5
Q

What are the three major sources of Canadian law?

A

statute law, common law, and constitutional law.

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6
Q

Which source of Canadian law is considered the highest?

A

The constitution

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7
Q

What does the term “supersede” mean in the context of Canadian law?

A

To override or replace

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8
Q

What is a constitution?

A

A foundational legal documents

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8
Q

What is considered the highest source of law in a country?

A

The constitution

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8
Q

What is a characteristic of laws and principles established in a constitution?

A

They are supreme and binding

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9
Q

What is required to change Canada’s Constitution according to the example

A

Amending formula

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10
Q

What is the origin of the word “constitution”?

A

From the Latin word “Constitutio”

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11
Q

What year was the British North America Act enacted?

A

1867

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11
Q

Which governing body enacted the British North America Act?

A

The British Parliament

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12
Q

What did the British North America Act create?

A

The Dominion of Canada

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13
Q

How many provinces originally comprised Canada under the British North America Act

A

4

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14
Q

Which of the following was NOT one of the original provinces under the British North America Act?

15
Q

What did the preamble of the British North America Act, 1867 state about Canada’s constitution?

A

It affirmed the establishment of Canada.

15
Q

What does the British North America Act, 1867 outline regarding statute laws?

A

They must be consistent with the Constitution.

16
Q

What powers did the British North America Act, 1867 give?

A

Federal powers to legislate.

17
Q

Which of the following is a federal power according to the British North America Act, 1867?

17
Q

What does the British North America Act, 1867, say about laws related to “Peace, Order and Good
Government”?

A

The federal government can make laws for peace, order, and good government.

17
Q

Which of the following is NOT listed as a federal power in the British North America Act, 1867?

18
Q

Which of the following is a provincial power under the British North America Act, 1867?

19
What does the administration of justice include according to the British North America Act, 1867?
Courts and Law Enforcements
20
Which area is NOT listed as a provincial power in the British North America Act, 1867?
Natural Resources
21
Under the British North America Act, 1867, which of the following is a responsibility of provincial governments?
Education and Health care
21
What was required to change the constitution according to the document?
Approval from The British Parliament
22
Who had the power to change the laws, although it rarely happened?
the British Parliament
23
What did Canada begin to ask for after demonstrating more independence during World War I?
Full Sovereignty
24
What did the Statute of Westminster allow Canada to do?
Gain legislative independence
25
What did the Statute of Westminster 1931 grant Canada in terms of foreign policy?
Control over foreign affairs
26
What did Canada still require from Britain after the Statute of Westminster 1931?
Approval for constitutional changes.
26
Who was the Prime Minister of Canada when the Constitution was formalized in 1982?
Pierre Trudeau.
27
Which monarch signed the Canadian Constitution into law in 1982?
Queen Elizabeth II.
28
On what date was the Canadian Constitution signed into law?
April 17, 1982.
29
What are the two major parts of the Patriation of the Canadian Constitution in 1982?
29
What does the Charter of Rights and Freedoms do in the constitution?
Protects individual rights and freedoms.
30
Why must all other laws be in line with the Constitution according to the Charter?
To ensure legality and consistency.
31
Which of the following is included in Fundamental Freedoms?
Freedom of Speech
32
What is an example of Democratic Rights?
The right to vote
33
Which of the following is NOT listed under Fundamental Freedoms?
Freedom of assembly