HIS268 - Common Law and Constitution

Constitutions

Basic principles and laws of a nation determining powers and duties of the govt, guarantee certain rights to people

spirit of the constitution

C’s legal system founded and guided through const docs and principles

Constitutionalism

rule of law, minority rights, mostly unwritten principles

Types of constitutions

written, uncodified, mixed

Section 91/92 of the Constitution

distribution of legislative powers between the federal and provincial govts

Charter of Rights and Freedoms

Part of the CA1982 guaranteeing fundamental freedoms and rights to citizens

Quebec Secession Reference

supreme court decision - quebec seceding canada violates canadian constitutional law and intl law, only a const amendment made possible

Notwithstanding Clause

allows fed or prov govts to pass laws violating certain sections of the charter - sec33

Pierre Elliot Trudeau

PM of canada, white paper, patriation, etc

Rene Levesque

separatist premier of Q, created quebec charter of french language

Jurisdiction

geographical area which decisions can be made, subject matter which a govt can legislate upon

Constitution Act of 1867

passed by british par, creates provincial legislatures and division of powers under sec91 and 92

Constitution Act of 1982

gives Canada fed and prov govts full control, BP loses control

Unwritten Constitutional Principles

breathe life into const. and fill gaps

Patriation of the Constitution

take the constitution back from B and amend it