Textbook Notes (358,679)
Canada (155,793)
Law (144)
Law 2101 (109)
Chapter

The Canadian Constitution study sheet.docx
The Canadian Constitution study sheet.docx

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School
Western University
Department
Law
Course
Law 2101
Professor
Mysty Sybil Clapton
Semester
Winter

Description
The Canadian Constitution • Constitutionalism is the idea that the powers of the government ought to be limited, and limited by law • The constitution act assigns certain matters to federal government and other matters to provincial governments • Any law infringing the Canada charter of rights and freedoms is INVALID, and so is any law made by provincial government that is within the jurisdiction of the federal government • Can be written and unwritten • Canada is a federal state- there is a general government and legislature for general purposes with local governments and legislatures for local purposes • Acollection of 25 primary documents *** The constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the constitution it of NO FORCE OR EFFECT *** In order to endure over time, a constitution must contain a comprehensive set of rules and principles that are capable of providing an exhaustive legal framework for our system of government The rule of law - Meant to prevent arbitrary and unreasonable decision making 1) Rules must be prospective and not retroactive 2) Rules must be capable of being complied with 3) Rules must be promulgated (people must be able to have access to what law really is) 4) Rules must be clear 5) Rules must be coherent with each other 6) Rules must be sufficiently Stable to allow people to plan their lives 7) The making of orders applicable to relatively limited situations must be guided by relatively general, clear, stable rules 8) People with authority to make or administer laws must be accountable and must actually administer the laws consistently with their tenor What a constitution does: 1. Separates powers- assigns responsibility to different institutions within governments 2. Division of powers- to either federal or provinc
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