Constitutional Law (Constitutions) Flashcards
(29 cards)
What is a constitution?
A legal framework that establishes how power and authority within a country is exercised
What is a constitution important for?
Nations that have weak democratic traditions
What does constitutional law examine? #1 (x 4)
- The principles of the constitution
When was Canada originally established?
1867
What was Canada established by?
An act of the British Parliament
What is Canada’s constitution based on?
The British model
What is Canada’s constitution not contained in?
What is Canada’s constitution made up of #1?
-Constitutional documents that establish the structure of government, division of power & rights of individuals
What is Canada’s constitution made up of #2?
Conventions, or unwritten rules, followed for tradition
What is Canada’s constitution made up of #3?
Common law, which addresses constitutional disputes
What are Jurisdictional Powers as outlined in Canada’s Constitution?
In 1867 the fathers of confederation pushed for a strong, centralized federal government.
Under what sections of Canada’s Constitution. is the distribution of power set out in?
he distribution of power was set out in sections 91, 92 and 93 of the Constitution.
What does Section 91 outline?
The powers of the federal government
What does Section 92 outline?
The powers of the provincial government
What does Section 93 assign?
Jurisdiction to make laws related to education to the provinces.
Ultimately, where does residual power rest?
With the federal government
What does Intra Vires mean?
If an action by a legislature is within its jurisdiction, it has acted intra vires.
What does Ultra Vires mean?
If an action by a legislature is outside its legal authority or jurisdiction, it is ultra vires.
How do courts decide who has power in areas where federal and provincial governments both have claims to authority?
They use what is known as the pith and substance doctrine.
What is an example of where the pith and substance test was used?
Re Protection of Children Involved in Prostitution Act (2000)
What happened in the Re Protection of Children Involved in Prostitution Act (2000)?
Two 17-year-old females were apprehended by Calgary Police Service Officers in accordance with the act.
Where were these two 17-year old females taken?
To a protective safe-house where they were confined for two days.
What happened after this?
The two 17-year old females were brought to court so that the authorities could show why the confinement had been necessary.
Why was the legality of the act challenged?
The confinement was particularly challenged, as it seemed to fall under criminal law.
