Philosophy 2080 Study Guide - Midterm Guide: Ultra Vires, Section 33 Of The Canadian Charter Of Rights And Freedoms, Parliamentary Sovereignty

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Prescribes the extent and limits the power of the government. Includes civil liberties because it deals with the state exercise of power over people. Its just the way things have always been. Unwritten rules that are not laws, not enforced by the courts. There is a presumption that they will be obeyed. May be used in court to interpret new laws. Reaction to a breach would be a political reaction. Created by 3 things: 1) agreement or usage over time, 2) recognition of the parties over time that have been bound to follow or practice it, 3) that there is a reason to follow it. A bill of rights that is entrenched in the constitution (makes up the first part of the constitution act) Allows a body of government to pass legislation that is unconstitutional: provincial governments can opt out of certain laws in the charter. Laws need to be revisited every 5 years.