Exam 12: Constitutions, Courts, and Laws
Discuss the basis for international law and describe the function of its central institutions.
International law was developed primarily as law related to the relations and disputes between sovereign states rather than law concerning individuals or businesses within states. A large number of treaties as well as customary practices have formed the basis of much international law. The International Court of Justice, an organ of the United Nations, hears cases that countries with a dispute submit to it. Only a small proportion of states have accepted the jurisdiction of the ICJ on all disputes and the ICJ does not generally have the means to enforce its decisions. In 2002 the International Criminal Court was established in The Hague, Netherlands as a permanent court to deal with the most serious cases involving the perpetrators of genocide, crimes against humanity, and war crimes that have not be prosecuted effectively by a national court. There are a number of other international courts and tribunals that deal with issues such as human rights, trade, and investment.
Canada's anti-terrorism legislation adopted in 2001 permits ________.
A
Explain why the notwithstanding clause was added to the Canadian Charter of Rights and Freedoms and briefly discuss when it has been invoked in Canada.
The notwithstanding clause was added as Section 33 of the Charter in part as a compromise to those premiers who opposed the Charter and argued that Parliament or provincial legislatures rather than the courts should have the final say in determining the appropriate extent of rights and freedoms. It allows Parliament or a provincial legislature to override some rights by using the notwithstanding clause and to explicitly declare that a particular law shall operate notwithstanding the provisions of the Charter. The reasonable limits clause and the notwithstanding clause.
Many judges in the United States are elected rather than appointed.
Which among the following is included among the rights protected by the International Covenant on Economic, Social and Cultural Rights?
Which system of law is based on a comprehensive set of principles rather than judgments that have accumulated over centuries?
The Canadian Charter of Rights and Freedoms allows the courts to invalidate legislation that violates the Charter.
Which one of the following is the core element of the Canadian constitution?
Parliamentary committees in Canada have the power to reject or accept nominees for the Federal Supreme Court.
______________ is based on the use of precedents to determine the outcome of a particular case.
Which provincial government objected to the Constitution Act, 1982?
A constitutional ________ is a fundamental principle that is consistently followed even though it is not contained in a legal document and is not generally enforceable in the courts.
Equality rights guarantee freedom from discrimination on the basis of race, religion, gender, age and ________.
The International Court of Justice is also known as the _____________.
Section 1 of the Charter of Rights and Freedoms declares that the government may limit rights when it is 'demonstrably justified'. This clause is termed the ________ clause.
Which of the following countries does NOT have a codified constitution?
The Constitution Act, 1867, was originally known as the British Empire Act.
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