Canadian Constitutional Law: Key Concepts and Principles
Classified in Law & Jurisprudence
Written at on 
English with a size of 1.44 KB.
Judicial Activism
“Judicial activism” refers to actions by courts to nullify or refashion government laws and policies.
Legislative Supremacy
Established by the Constitution Act of 1867, legislative supremacy grants Parliament the authority to enact laws on any topic within federal jurisdiction.
Pith and Substance
A legal doctrine used to determine which level of government has authority over a particular matter. It focuses on the essential character of the law.
Residual Power
Power held by a governmental authority after specified powers have been delegated to other authorities.
Intra Vires
Within the government's jurisdiction. Indicates that an agency has authority over a matter and can take specific actions.
Ultra Vires
Beyond the government's jurisdiction. Indicates that an agency lacks authority over a matter or action.
Constitution
The legal framework outlining the operation of the government, its authority, limitations, and divisions of powers.
Components of Canada's Constitution
- Charter of Rights and Freedoms (Human rights) - Commitment to use Federal Revenue to promote cross-provincial equalization - Amending formula
Importance of a Constitution
- Provides rules for elected officials, enabling effective decision-making and goal achievement. - Assigns powers of the state, preventing civil war and power struggles.