Unit 3 Quiz Prep - Constitutions & Rule of Law

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5 Terms

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Constitutions

  • Establish institutions

  • Define scope, power, responsibilities, limitations of institutions

  • Can define the state’s goals and values

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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

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Rule of Law

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

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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

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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