POLS 3135 Lecture 2 2008

POLS 3135 Lecture 2 2008 - Public Law I: September 12, 2008...

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Public Law I: September 12, 2008 ± Basic concepts regarding the Canadian Legal System ± Rules of Reception for British law ± The path to constitutional autonomy
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Sources of Law ± Main sources of law : ± Written constitution (s. 52(1) of CA, 1982 ± statute law (laws created by legislatures) ± case law (created by judges) ± Other (informal) sources that inspired both statute and case law: Ten Commandments, Magna Carta (1297), Roman law, canon law, writings of legal scholars (eg. Coke 1552–1634, and Blackstone 1723-1780), community standards (eg. obscenity cases), Hogg's text, constitutional conventions ± ratio decidendi and obiter dicta ± common law judges "find" the law ± Constitutional conventions ± Crown prerogative: residue of discretionary power. Crown privilege: the claim that the crown may decide not to present documents ordered by judges, H of C or Senate.
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Terms and Concepts ± primary (enacted by a sovereign legislature) and subordinate legislation (eg. Orders in Council, city bylaws, CRTC regulations)
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POLS 3135 Lecture 2 2008 - Public Law I: September 12, 2008...

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