Unit 6 Chapter 12

Constitutions, Courts, and Laws

What is constitutional government?

A government that consistently acts within established rules and principles, limiting power and protecting individual rights.

Why is constitutional government essential to liberal democracy?

It prevents arbitrary power, protects rights, and ensures rule of law.

Define a constitution.

The fundamental rules and principles by which a state is governed.

What does a constitution determine?

Who has authority, how institutions relate, and the rights/freedoms of citizens.

What is a codified constitution?

A single written document containing major constitutional provisions.

What are constitutional conventions?

Unwritten rules followed by political actors (e.g., PM must hold confidence of the House).

What are the four elements of a constitution?

Preamble, governance institutions/procedures, rights and freedoms, amendment procedures.

Why are constitutional amendments difficult to pass?

To prevent governments from abusing power or removing rights.

What is the role of judicial institutions in constitutional systems?

They must be independent to interpret and uphold the constitution.

What forms the core of Canada’s constitution?

BNA Act (1867) + Constitution Act (1982).

What did the Constitution Act, 1982 do?

Patriated the constitution, created the Charter, established amendment procedures.

What are examples of unwritten parts of Canada’s constitution?

Constitutional conventions (e.g., confidence convention).

What other laws are considered constitutional?

Important statutes like the Canada Elections Act.

What rights are included in the Charter?

Fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, language rights.

What is Section 1 (Reasonable Limits Clause)?

Charter rights can be limited if justified in a free and democratic society.

What is Section 33 (Notwithstanding Clause)?

Parliament/provinces can override certain Charter rights for up to 5 years.

What is judicial review?

Court power to strike down laws that violate the constitution.

What is judicial activism?

When courts frequently invalidate legislation based on constitutional interpretation

Is judicial review explicitly in the Canadian constitution?

No — courts assumed the power over time.

What is judicial independence?

Courts must be free from political influence.

How is judicial independence protected?

Job security, bans on political activity, protected salaries.

Who appoints Supreme Court of Canada judges?

Formally the Governor General, but chosen by the Prime Minister/Cabinet.

Why do constitutions include amendment procedures?

To allow change while preventing abuse.

In general, do constitutional amendments require more support than regular laws?

Yes — they need broader consensus.

What is the primary focus of traditional international law?

Relations and disputes between sovereign states.

What are the main sources of international law?

Treaties and customary practices.

What is the International Court of Justice (ICJ)?

A court that hears state-to-state disputes—but only if states accept its jurisdiction.

What does the International Criminal Court (ICC) do?

Prosecutes individuals for genocide, war crimes, and crimes against humanity.

What new areas does modern international law also cover?

Human rights, international trade, environmental protection.