What is the primary function of judicial review in the context of Canadian constitutional law?

Prepare for the NCA Canadian Constitutional Law Exam with a range of engaging tools. This quiz features flashcards and multiple choice questions complete with hints and explanations. Boost your confidence and ready yourself for success!

Judicial review serves a crucial function in Canadian constitutional law by evaluating whether laws are unconstitutional. This process involves the judiciary examining legislation and government actions to determine if they conform to the Constitution, which is the supreme law of Canada. If a law or action is found to violate the provisions of the Constitution, particularly the Charter of Rights and Freedoms, it may be struck down or rendered inoperative.

The significance of this role lies in its protection of individual rights and freedoms as enshrined in the Constitution. By ensuring that government powers are exercised within constitutional limits, judicial review acts as a check on legislative and executive authority, thereby upholding the rule of law and safeguarding democratic principles.

Other options do not accurately capture the essence of judicial review. Assessing the fairness of government contracts relates more to administrative law rather than constitutional law. The interpretation of federal laws is primarily a function of statutory interpretation rather than judicial review, which focuses on the constitutionality of laws rather than their specific meanings. Creating new laws is outside the purview of the judiciary, as this authority lies with the legislature, reinforcing the distinct separation of powers between branches of government in Canada.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy