BROCK POLI 1P91 EXAM REVIEW

Executive Branch

Responsible for implementing laws and managing bureaucracy.

Legislative Branch

Institution responsible for making laws and debating issues.

Bill

A proposed law presented for legislative approval.

Bicameral

Legislature with two chambers or houses.

House of Commons

Elected chamber in Canada's Parliament, representing population.

Senate

Appointed chamber in Canada, providing regional representation.

Sober Second Thought

Senate's role to review legislation critically.

Westminster System

Parliamentary system modeled after British governance.

Majority Government

Party holds over 50% of legislative seats.

Minority Government

Party holds less than 50% of legislative seats.

Prime Minister

Leader of the winning party in Parliament.

Cabinet

Group of ministers advising the Prime Minister.

Confidence Vote

Vote determining support for the government.

Constitutional Monarchy

System where monarch's powers are limited by constitution.

Republic

State where representatives are elected by citizens.

Checks and Balances

System preventing any branch from gaining excessive power.

Federalism

Division of power between national and regional governments.

U.S. Congress

Bicameral legislature of the United States.

House of Representatives

Lower chamber of U.S. Congress, based on population.

Senate (U.S.)

Upper chamber with equal representation from states.

Electoral College

Body electing the U.S. President, based on state votes.

Executive Orders

Directives issued by the President to manage operations.

Judicial Review

Court's power to determine legality of state actions.

Activist Approach

Judicial philosophy favoring intervention in political matters.

Restrained Approach

Judicial philosophy avoiding political involvement.

Judicialization

Process of political issues becoming judicial questions.

Negative Activism

Court prevents government actions deemed unconstitutional.

Positive Activism

Court mandates government actions to fulfill rights.

Amending Formula

Procedure for changing the constitution.

Flight from politics

Shift from lobbying to litigation by interest groups.

Marbury v. Madison

1803 case establishing judicial review authority.

Judicial supremacy

Judicial branch's authority over constitutional interpretation.

Lochner Era

Period of conservative judicial activism (1905-1937).

Dred Scott v. Sanford

1857 case denying citizenship to African Americans.

Originalism

Interpreting law based on framers' intent.

Purposive approach

Flexible interpretation reflecting contemporary values.

Missouri Compromise

1820 agreement balancing free and slave states.

Emancipation Proclamation

1863 declaration freeing slaves in rebelling states.

13th Amendment

Outlawed slavery in the United States.

14th Amendment

Grants equal protection and citizenship rights.

15th Amendment

Prohibits race-based voting restrictions.

Jim Crow laws

Laws enforcing racial segregation post-Reconstruction.

Plessy v. Ferguson

1896 case upholding 'separate but equal' doctrine.

Judicial composition

Judges' personal views influencing legal interpretations.

Government behavior

Judicial activism provoked by government overreach.

SCC

Supreme Court of Canada, active since 1949.

JCPC

Judicial Committee of the Privy Council, 1867-1949.

Charter of Rights

1982 document protecting constitutional rights in Canada.

Civil War

Conflict (1861-1865) over slavery and states' rights.

Political compromises

Agreements to balance interests of free and slave states.

Constitutional rights protection

Judicial enforcement of rights against government actions.

Judicial enforcement

Implementation of constitutional rights by courts.

Total war

Military strategy aiming for complete enemy destruction.

Political actor

Judiciary's role influenced by political considerations.

Legal actor

Judiciary's role focused on law interpretation.

Separate but Equal

Doctrine allowing racial segregation if services are equal.

Gong Lum v. Rice

1927 case permitting racial segregation in education.

Brown v. Board of Education

1954 case reversing segregation in public schools.

Substantive Equality

Equality of result, not just equal access.

Civil Rights Movement

Movement advocating for racial equality and justice.

Affirmative Action

Policy favoring disadvantaged groups for equality.

Roncarelli v. Duplessis

1959 case affirming Rule of Law in Quebec.

Implied Bill of Rights Theory

Theory suggesting UK rights exist in Canada.

Living Tree Doctrine

Legal principle allowing laws to evolve over time.

1960 Bill of Rights

First federal law protecting individual rights in Canada.

Indian Act

1876 law governing status and rights of Indigenous peoples.

Aboriginal Rights

Rights unique to Indigenous peoples predating European contact.

Aboriginal Title

Natural right to land based on Indigenous presence.

Treaty Rights

Rights constitutionally protected for Indigenous nations.

Federal Jurisdiction

Federal government's authority over Indigenous matters.

Drybones v. The Queen

1970 case striking down discriminatory Indian Act regulation.

Chief Justice Warren

Led unanimous decision in Brown v. Board.

Hollow Hope

Judicial decisions ineffective without political implementation.

NAACP

Civil rights organization advocating for African Americans.

Great Society Program

Government initiative for social reform and civil rights.

Justice H.B. Brown

Justice who articulated separate but equal rationale.

Linda's Parents

Challenged racial segregation for their daughter's education.

Psychological Research in Brown

Used to demonstrate impact of segregation on self-worth.

Federalist 78

Discusses judicial power and its limitations.

Band Renovation

Policy affecting land allocation for Indigenous peoples.

Saumur v. City of Quebec

1953 case regarding rights of Jehovah's Witnesses.

Persons Case

1930 case determining women's eligibility for Senate.

Indigenous Rights Litigation

Legal actions to assert Indigenous rights and land claims.

Calder Case

First recognition of Aboriginal Title by a court.

Modern Treaty

Legal agreements recognizing Indigenous land rights.

Patriation

Process of bringing constitutional authority home.

Section 25 of the Charter

Protects Aboriginal rights from being undermined.

Collective Rights

Rights held by groups, not individuals.

Section 35

Affirms existing Aboriginal and treaty rights.

Fiduciary Obligation

Government's duty to respect Indigenous rights.

R.V. Sparrow

Case defining fishing as an Aboriginal right.

Sparrow Test

Government must justify infringement on Aboriginal rights.

R.V. Van der Peet

Court ruled selling fish is not an Aboriginal right.

Van der Peet Test

Evaluates Aboriginal rights based on community practices.

Delgamuukw Case

Affirmed Aboriginal title but required retrial for specifics.

Aboriginal Title Test

Criteria for proving Aboriginal title in court.

Tsilhqot'in Nation Case

Established Aboriginal title over traditional territory.

Crown Sovereignty

Government authority limits Indigenous rights recognition.

Oral History

Indigenous narratives used as legal evidence.

Quebec Secession Reference

SCC's legal opinion on Quebec's potential secession.