Legal and Constitutional Terminology

15 The terms in this glossary are all connected to how laws are created, applied, and controlled in a democratic society. terms

In any democratic society, laws play a crucial role in shaping how people live and express themselves. Theses laws are designed to maintain order, but also to protect fundamental rights and freedoms. In Canada, many of these protections are found in the Charter of Rights and Freedoms, which guarantees essential liberties such as freedom of expression.This glossary focuses on key legal and constitutional concepts that help explain the words that explain our fundamental rights and what surrounds them. As a student, creating this glossary allows me to better understand the vocabulary used in discussions about law, government, and rights, but also transmit my knowledge of those important words. Understanding these concepts helps explain how legal systems protect people while also maintaining order through rules and regulations, which is a concept that we should all be able to grasp.

Censorship
Noun
Censorship is the suppression or control of speech, writing, art, or information by governments, organizations, or authorities.
Example: It also would have been subject to the change in CENSORSHIP laws in 1606, which would have resulted in the addition of comic scenes and, to some extent, the lessening of the direct use of religion found in text A 2.
fr: Censure
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Charter of Rights and Freedoms section 2 (b)
Noun
Section 2(b) of the Canadian Charter of Rights and Freedoms guarantees "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication". It protects all communication conveying meaning, excluding violence. Synonyms include freedom of speech, free expression, and free press.
Example: Section 2(b) of the Charter of Rights and Freedoms protect a citizen’s right to express their opinions publicly.
fr: Charte canadienne des droits et libertés, article 2 b)
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Civil liberties
Noun
Civil liberties are fundamental individual rights and freedoms protected by law, typically constitutional, that shield citizens from arbitrary government interference.
Example: As an ASBO also results in an infringement of CIVIL LIBERTIES, it would seem to undermine such principles of protection through its categorisation as a civil procedure.
fr: Libertés civiles
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Constitutional rights
Noun
Constitutional rights are the fundamental freedoms and protections guaranteed to individuals by a state's constitution, which is the supreme law of the land. These rights, such as freedom of speech, equality, and due process, protect people from government overreach and are enforceable by courts
Example: Freedom of religion is one of the constitutional rights protected in Canada.
fr: Droits constitutionnels
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Enforcement
Noun
Enforcement is the act, process, or mechanism of ensuring rules, laws, policies, or court orders are obeyed and followed.
Example: It has stated in its annual reports that complaints from citizens constitute a significant source of detection of infringements thereby contributing to a participatory community where the citizens play a role in law ENFORCEMENT.
fr: Application de la loi
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Freedom of Expression
Noun
Freedom of expression is a fundamental human right enabling individuals to seek, receive, and impart information, opinions, and ideas without government interference.
Example: The case made its way to the Supreme Court in 1988, where it was determined that section 58 and section 69 of the Charter violated section 2, FREEDOM OF EXPRESSION, of the CCRF.
fr: Liberté d'expression
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Fundamental Rights
Noun
Fundamental rights are essential, universal, and often constitutional entitlements, such as life, liberty, and equality, which are inherent to every person and protected against government interference.
Example: The Court of Justice linked Union citizenship to the protection of FUNDAMENTAL RIGHTS and recognized the importance of the right for family life and unity sanctioned in Art. 8 of the European Convention of Human Rights in order to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty."
fr: Droits fondamentaux
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Judicial Review
Noun
Judicial review is a legal process where courts examine actions of the executive branch, administrative bodies, or lower tribunals to ensure they are lawful, fair, and reasonable.
Example: Similarly, when faced with JUDICIAL REVIEW of resource allocation, the courts are reluctant to confront the issue, treating such policy questions as non-justiciable [8].
fr: Contrôle judiciaire
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Juridical oversight
Noun
Judicial oversight is the authority of courts to monitor, review, and invalidate actions taken by the legislative or executive branches, ensuring they comply with the constitution and law. It serves as a core check-and-balance, preventing abuse of power, protecting civil liberties, and maintaining legal accountability
Example: Juridical oversight ensures that new laws respect constitutional rights.
fr: Surveillance juridique
Legal framework
Noun
A legal framework is a broad, structured system of rules, regulations, statutes, and codes that govern behavior, decision-making, and operations within a specific context, such as a country, organization, or project. It serves as a foundation for enforcing contracts, protecting rights, and ensuring compliance
Example: They may have been governed by a national LEGAL FRAMEWORK, but the actual crime of witchcraft was quite ambiguous and could be used to '....resolve local disputes'.
fr: Cadre juridique
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Legislation
Noun
Legislation is a written law or set of laws created by government bodies (parliament, congress) and enforced by courts. It begins as a "bill" and, upon approval, becomes an act or statute. It includes primary laws and subordinate regulations.
Example: Employers reacted opportunistically by derecognizing unions formally as an impetus was provided to their managerial strategy of weakening unionism by state LEGISLATION.
fr: Législation
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Overregulation
Noun
Overregulation is the imposition of excessive, burdensome, or misguided rules and regulations on an industry, organization, or activity.
Example: Some businesses complain that overregulation slows down innovation
fr: Surréglementation
Public Interest
Noun
Public interest refers to the welfare, health, safety, and well-being of the general public and society as a whole, rather than the interests of specific individuals or private organizations.
Example: Thus, in order to protect PUBLIC INTEREST, the majority judgment concluded that in this case even Article 14 of ECHR is not contravened by Article 64 (1A) of PACE.
fr: Intérêt public
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Regulation
Noun
A regulation is an official rule, order, or law issued by an authority (such as a government agency) to control conduct, manage processes, or enforce statutes.
Example: Government regulation is necessary to ensure public safety in many industries.
fr: Règlement
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Rule of Law
Noun
The rule of law is a foundational principle of governance where all persons, institutions, and governments are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
Example: However critics have characterised the jury as "an anti-democratic, irrational and haphazard legislator, whose erratic and secret discussions run counter to the RULE OF LAW."
fr: État de droit
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