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A Law - A Law a law if the state is prepared to enforce...

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A Law- “a law” if the state is prepared to enforce obedience The rule of law- the law is above everyone - describes an ordered society - stability and tranquility Positive law ( rules of a specific community) Types 1. Domestic law- governs within independent nation 2. International- affairs of nations witin international community domestic and international law are related Domestic or positive law of Canada 1. Substantive law (meaningful) 2. Procedural law Positive domestic law of Canada 1. Public law 2. Private law Public law is defined as those areas of the law in which the public interest is primarily involved. 4 areas. 1. constitutional law 2. administrative 3. criminal 4. taxation Private law 1. contract 2. torts- intentional violation of others 3. property stare decisis - maintain what has been decided and do no alter that which has been established common law vs. civil common: - uses previous cases - extract general principles - stare decisis civil: - begins with set of principles - individual cases are decided inaccordance - they do not ignore previous cases o would be risking reversal on appeal in he entertained a new analysis o element of predictability sources of law --- two main: statutory enactments and cases adjudicated by courts 1. statutues - most important legal sources of law
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2. case laws - the second major legal source of law is the decision of courts in judging particular matter. - bound to follow stare decisis 3. parliamentary soverigntey and the relation of cases to statutes parliament can make or unmake any laws provided Relation between statutory enactment and case law? a. Parliament has the authority to repeal or modify any principles set out in the case law. b. If common law needs reform the coversign legislative body can enact legislation in effect to repeal, modify, or alter that common law rule. c. Much of common law is developed out of interpretation of existing statutory provisions 4.Miscellaneous legal sources of law - There are other legal soure but they don’t assume same importance o Royal prerogative- not exercised without the advice and consent of the executive branch of government o Custom and concention o Juristic writings of notable scholars o Morality 5..Constitutional sources of law Canadian legislative process - Before a statue is enacted or passed into law, it is referred as a bill. There are three types: public, private, and private members bills process: Initiation stage- formally introduced to parliament. Motion specifies the proposed title of the bill but the bill is not read. In either House of Commons or the senate First reading - motion to read bill is put to vote. No debate is permitted Second reading - the bill is read again. Gives a speech explaining. Debated, no amendments allowed. Most bills that make it through this are passed.
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