Week 1 Guiding Questions:
Constitutional Documents
1.) Distinguish (a) the structural provisions set out largely in the body of the U.S.
Constitution and the bulk of the Constitution Act (1867) from (b) the amendments to
the U.S. Constitution and the Canadian Charter of Rights and Freedom set out in the
Constitution Act (1982)?
2.) What is the function of secs. 91 and 92 of the Constitution Act (1867)?
3.) Describe the charter protections set out in section 2(b) of the Charter of Rights and
Freedoms.
4.) Describe the charter protections set out in section 11(d) and section 7 of the Charter of
Rights and Freedoms.
5.) Describe section 15 of the Charter of Rights and Freedoms.
6.) Describe the clause set out in sec. 32 of the Charter of Rights and Freedoms.
7.) Describe section 1 of the Charter of Rights and Freedoms.
8.) Describe the 1st Amendment of the US Constitution.
9.) Describe section 1 of the 14th Amendment of the Constitution.
10.)
Compare and contrast the 5th and 14th Amendment of the US Constitution
Oakes and Lochner: Two Cases of Constitutional Review
1.) What are the key elements of the Oakes test? On what basis did the Oakes court hold
that Section 8 of the Narcotics Act was of no force and effect?
2.) What is the holding in Lochner?
a. What was the Court’s main argument in support of this holding?
b. What was the dissenting opinion’s main argument against this holding?
Waldron, The Core of the Case, 1348-70
1.) How does Waldron define judicial review?
2.) What is his distinction between strong and weak judicial review?
3.) How does he apply this distinction to Canada?
4.) What are the four assumptions of Waldron’s argument? (see p. 1360 for a summary) Do
those assumptions hold for Canada and the US?
5.) What is the distinction between process and outcome related reasons for and against judicial
review?