Question 1

What does the principle of "satyagraha" involve?

Accepted Answer

The principle of "satyagraha" involves relying on the power of truth to achieve change. Satyagraha is a term coined by Mahatma Gandhi which means "holding onto truth" or "soul force". It is a nonviolent resistance and civil disobedience philosophy which emphasizes the power of love, compassion, and truth to overcome injustice and oppression. It involves peaceful protests, strikes, and non-cooperation movements as tools to bring about social and political change.

Question 2

The constitution helps to regulate the way that a state is organized.

Accepted Answer

The constitution sets out the basic principles and rules for how a government is organized, how power is distributed, and how decisions are made. It is a framework for regulating the governance of a state.

Question 3

Civil disobedience is only effective in:

Accepted Answer

Societies that value the rule of law are more likely to respect the rights of protesters and to allow them to engage in civil disobedience without fear of reprisal.

Question 4

What does the preamble to Canada's Constitution Act,1867,emphasize?

Accepted Answer

The preamble to Canada's Constitution Act, 1867 emphasizes continuity, highlighting the continuation of British laws and institutions in the newly formed Canadian Confederation. While rights and freedoms are important in the constitution as a whole, they are not the primary focus of the preamble. Discretion is not mentioned.

Question 5

What principle did the Magna Carta (Great Charter),signed by King John in 1215,establish?

Accepted Answer

The Magna Carta established the principle that the monarch had to rule within the law of the land. It limited the power of the monarchy and established that the king was not above the law.

Question 6

Which statement about the American constitution is true?

Accepted Answer

The American constitution is the world's oldest surviving written constitution, having been adopted on September 17, 1787.

Question 7

The Magna Carta was the name of the first Canadian constitution,signed in 1867.

Accepted Answer

The Magna Carta was actually a document signed in 1215 in England. It was an important precursor to modern constitutional law, but it was not the first Canadian constitution. Canada's first constitution was the British North America Act of 1867.

Question 8

Which province's refusal to ratify the Constitution Act,1982,was the origin of modern constitutional debate in Canada?

Accepted Answer

Quebec's refusal to ratify the Constitution Act, 1982 was a significant event in Canadian history, as it sparked a movement towards greater autonomy and recognition of Quebec's unique cultural identity. This event also led to the emergence of modern constitutional debate in Canada.

Question 9

Which of the following examples most clearly exemplifies the same principles as the Magna Carta?

Accepted Answer

The answer of Which of the following examples most clearly...

Question 10

Which of the following is NOT part of the British constitution?

Accepted Answer

The Bill of Rights, 1789 is NOT part of the British constitution. It is a document that was created in the United States and outlines the individual rights and freedoms of citizens. The other three options (Act of Settlement, 1701; Parliament Act, 1911; Magna Carta, 1215) are all important parts of the British constitution.

Question 11

What was the celebrated case of Roncarelli v.Duplessis an example of?

Accepted Answer

Roncarelli v. Duplessis was a case of judicial review of executive action. It involved the actions of Premier Maurice Duplessis of Quebec, who revoked the liquor license of Joseph Roncarelli because he had provided legal assistance to Jehovah's Witnesses, a group that Duplessis strongly opposed. The Supreme Court of Canada found that Duplessis' actions were an abuse of power and a violation of Roncarelli's right to procedural fairness. The case established the principle that even the highest levels of government are subject to judicial review and can be held accountable for their actions.

Question 12

A police officer arrests a man for wearing a colour he hates.There are no laws regulating wardrobe colour,so the officer charger the man with the offence of disrupting the peace.What is this situation an example of?

Accepted Answer

This situation is an example of a state that does not recognize the principle "no punishment without law." The man was charged with an offense that is not legally recognized or defined, which means he was punished without a legitimate legal basis. This violates the principle that individuals should not be punished unless they have clearly violated a law that is established beforehand.

Question 13

Logically,what does the ideal of the rule of law require and lead to?

Accepted Answer

The ideal of the rule of law requires a system where the law applies equally to everyone, regardless of their social status or position. This requires limited state power and a judiciary that is independent and impartial. The rule of law is incompatible with regimes where the ruler governs by force, as this violates the principle of equality before the law. A large police force and armed military may be necessary to enforce the law, but only within the limits of the law itself. Strict adherence to the letter of the law is important, but not at the expense of fundamental principles such as justice, fairness, and equality.

Question 14

Which of the following is the best example of discretion under the rule of law?

Accepted Answer

The answer of Which of the following is the best...

Question 15

The famous case of Brown v.Board of Education and the failure of the proposed Equal Rights Amendment both reveal that the U.S.Constitution is,to a large extent,what the courts say it is.

Accepted Answer

The U.S. Constitution is interpreted and applied by the courts, and the outcomes of important cases like Brown v. Board of Education and the failure of the Equal Rights Amendment demonstrate the significant role that courts play in shaping constitutional law. Thus, the statement that the Constitution is largely what the courts say it is is true.

Question 16

Which case is considered the foundational case on the rule of law in Canada?

Accepted Answer

Roncarelli v. Duplessis is considered the foundational case on the rule of law in Canada as it emphasized the importance of the principle of the rule of law and the limits to the power of government officials to act arbitrarily. The case established the principle that government officials cannot interfere with the rights of citizens without justification and without proper authority under the law.

Question 17

What does the rule of law NOT permit?

Accepted Answer

The rule of law requires that government officials act within the scope of their legal authority, meaning they cannot act without legal authorization.

Question 18

In politics,a convention refers to a practice of government that is not legally required.

Accepted Answer

Conventions are not legally binding but are generally accepted as the norm in political practices.

Question 19

Which of the following statements best describes the evolution of the unwritten British Constitution over time?

Accepted Answer

The British Constitution, being largely unwritten, has evolved through statutes, court judgments, and conventions. Over time, these elements have increasingly placed restrictions on the powers of non-elected officials, ensuring a balance of power and protecting democratic principles. This evolution reflects the gradual shift towards a more democratic governance structure, where the rule of law and the rights of citizens are upheld by limiting the arbitrary use of power.

Question 20

Canada's first written constitution was formally adopted by Parliament in the Statute of Westminster.

Accepted Answer

Canada's first written constitution was the British North America Act of 1867, not the Statute of Westminster. The Statute of Westminster, adopted in 1931, granted full legislative independence to the British dominions, including Canada.

Quiz 7: Constitutionalism