Unit 3 Quiz Prep - Constitutions & Rule of Law

Constitutions

• Establish institutions

• Define scope, power, responsibilities, limitations of institutions

• Can define the state’s goals and values

Constitutions Preventing Tyranny & Abuse of Power

Arbitrary use of power is regulated by:

• Having regular elections; limited time of terms; democratic rights of citizens

• By establishing a system of checks and balances of institutions for other institutions

• Guaranteeing rights and freedoms

Rule of Law

All persons are equal under the law meaning it is applied and enforced equally for everyone

2 Primary Components of the Canadian Constitution

1. Origin - British North America Act 1867

   a. Executive & Legislative Authority outlined

   b. Set up provincial constitutions

   c. Federal division of powers

2. Addition - Constitution Act 1982

   a. Charter of Rights and Freedoms

   b. Rights of Aboriginal people

   c. Equalization & Regional Disparities

   d. Amending formula

Charter of Rights and Freedoms

• Only applies to government

• Subjected to reasonable limit (section 1 - balancing rights of ppl with interests of society)

• Subject to section 33 - (notwithstanding clause)

  • Allows for govt to override certain rights and freedoms for a limited time