Asked by Hannah Turner on May 12, 2024
Verified
With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?
A) Common law overrides case law on the same point.
B) The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament.
C) The courts have no power to declare a provincial statute to be void, only federal statutes can be struck down by the courts.
D) The courts cannot affect the meaning of the statute through subsequent interpretation.
E) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.
Judiciary
The branch of government responsible for interpreting the law, resolving legal disputes, and administering justice. It primarily consists of judges and courts.
Legislatures
Lawmaking bodies within a government, responsible for creating statutes and policies.
Charter of Rights and Freedoms
A foundational legal document in Canada that protects individual rights and freedoms from actions and policies of all levels of government.
- Understand the role and impact of the Charter of Rights and Freedoms on Canadian law.
Verified Answer
JD
James DonleyMay 15, 2024
Final Answer :
E
Explanation :
Provincial statutes can be reviewed by courts and struck down if they are found to be in violation of the Charter of Rights and Freedoms. This is a key aspect of judicial review in Canada, ensuring that all laws, including those passed by provincial legislatures, adhere to the constitutional rights and freedoms protected by the Charter.
Learning Objectives
- Understand the role and impact of the Charter of Rights and Freedoms on Canadian law.