Topic 3

Question 1

Contract and Covenant

did canada and us and have covenant or contract

Answer 1

• covenant is a social element in a legal relationship
• contract is binding and formal

We only had a covenant. We trusted them and they betrayed

Question 2

• Constitutions: the … charter and … that form the … of a … and political society
• Constitutions constitute
  ALL …
• “Constitutions have come to symbolize the … that societies make to ‘constitute’ themselves in which ‘the people’ confer authority to political actors in exchange for the establishment of order and the rule of law”
• May be … or …/authoritarian

Constitutions tend to:
* Express … principles & … values
* Establish the … system
* Establish … of society
* Confer … to particular actors and/or institutions
* … the exercise of … power
* Outline the basic … and … of citizens
* Highlight a particular history
* Contain aspirations

ONLY ONE LIBERAL SOCIETY WITHOUT CONSTITUTIONAL

Answer 2

• Constitutions: the foundational (constitutional) charter and supreme laws that form the basis of a legal system and political society
• Constitutions constitute
  ALL AUTHORITY FALLS UNDER THE CONSTITUTION. federal gov, provincial, us,
  no one can exist above or outside of it
• “Constitutions have come to symbolize the social contracts that societies make to ‘constitute’ themselves in which ‘the people’ confer authority to political actors in exchange for the establishment of order and the rule of law”
• May be democratic or non-democratic/authoritarian

Constitutions tend to:
* Express founding principles & shared values
* Establish the political system
* Establish fundamental laws of society
* Confer power to particular actors and/or institutions
* Limit the exercise of government power
* Outline the basic rights and obligations of citizens
* Highlight a particular history
* Contain aspirations

AUSTRALIA

Question 3

Constitutional Design Features
* Constitutions can be …
* Some constitutions are …/…, others are …/…
* Most constitutions are designed to be … to change

• Most constitutions have particular amendment processes
• Many constitutions specify … review
• Many constitutions omit important … structures and … processes

CONSTITUTION ACT OF 1867
- patriated the constitution
- charter of rights and freedom

BRITISH NORTH AMERICA ACT
- legal basis of Canada

Answer 3

Constitutional Design Features
* Constitutions can be short or long
* Some constitutions are written/codified, others are unwritten/uncodified
* Most constitutions are designed to be difficult to change

• Most constitutions have particular amendment processes
• Many constitutions specify judicial review
• Many constitutions omit important political structures and legal processes

Question 4

EXAMMMM
Constitutions & The Diffusion of Powers
* Most constitutions diffuse … of the …
= The division of …
= Systems of … and …

• Authority may be diffused horizontally …
• Authority may be diffused vertically. …

Answer 4

EXAMMMM
Constitutions & The Diffusion of Powers
* Most constitutions diffuse authority of the state
= The division of powers
= Systems of checks and balances

• Authority may be diffused horizontally, with equal grounds, no hierarchy.
  SEPERATION OF POWERS!!!!!!!
• Authority may be diffused vertically. There is a hierarchy; see it more generally, they differ to sub legal authorities. At the end of the day the federal has more power.

Question 5

• Separation of powers: the division of government … in a system between … of government. Canada does not have a fully separated. US does
• Executive branch -
• Legislative branch -
• Judicial branch -Judicial review
  what type of diffusion?
• Federalism: a political system with … of government, each with a degree of … with specified …
  US HAS STATE CODES, canada has one federal
• Unitarism: a political system with… governments possessing delegated authority/jurisdiction
• … decentralization
  What type of diffusion?

Answer 5

Separation of powers: the division of government powers in a system between branches of government
* Executive branch - EXECUTES LAW
* Legislative branch - creates and changes law
* Judicial branch -Judicial review - dishes out punishment
HORIZONTAL

• Federalism: a political system with multiple levels of government, each with a degree of autonomy with specified jurisdiction
• Unitarism: a political system with no subnational governments possessing delegated authority/jurisdiction
• Asymmetrical decentralization
  VERTICAL

Question 6

• 1764 Royal Proclamation
• …

*1867 British North America Act
- …

• 1931 Statute of Westminster
• …
• The Constitution Act, 1982
• …
• …
• Includes …
• Includes amending formulas (sections 38, 41, 43)

section 38 - … provinces can …
- ’…’ formula ….

Answer 6

• 1764 Royal Proclamation
  -Transferred French territory to the UK

*1867 British North America Act
-Created the ‘Dominion of Canada’ legal basis of Canada

• 1931 Statute of Westminster
  -’Crown split’ self governing nation

The Constitution Act, 1982
- Charter of Rights and Freedoms
- Patriated the constitution
- Includes judicial review
- Includes amending formulas (sections 38, 41, 43)

section 38 - up to three provinces can opt out
- ’7/50’ formula 7 provinces must agree and must represent 50% of the population.

Question 7

Canadian Federalism
* … established Canada as a federal state

• Section 91: outlines … powers and …
  recognizes … of the … government
• Section 92: outlines … powers and …

INTRA VS EXTRA

• Section 36(2): sets out equalization payments between provinces. HAVE AND HAVE NOT.
• Canada (Attorney General) v. PHS Community Services Society

Answer 7

Canadian Federalism
* The British North America Act, 1867 established Canada as a federal state

• Section 91: outlines federal powers and jurisdiction
  recognizes residual power of the federal government
• Section 92: outlines provincial powers/jurisdiction

within jurisdiction or without

• Section 36(2): sets out equalization payments between provinces
• Canada (Attorney General) v. PHS Community Services Society

Question 8

… The Charter
1982 C.A - judicial review

• The Canadian Bill of Rights, 1960
  -A federal statute

** R. v. Drybones (…) SCR 282 **
Pre … predecesor to JUDICIAL REVIEW
INDIAN ACT. They referred to the federal legislation known as the…
null and void. Earlier legislation was not as good as later, legislation vs. legislation.
NOT A …
… AND …

Answer 8

Before The Charter
1982 C.A - judicial review

• The Canadian Bill of Rights, 1960
  -A federal statute
• R. v. Drybones (…) SCR 282
  Pre charter predecesor to JUDICIAL REVIEW
  INDIAN ACT. They referred to the federal legislation known as the Bill of Rights.
  null and void. Earlier legislation was not as good as later, legislation vs. legislation.
  NOT A CHARTER CHALLENGE
  INDIAN ACT AND THE BILL OF RIGHTS.