oppression and control that the ruling classes use against the working classes

Oppression and control that the ruling classes use

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oppression and control that the ruling classes use against the working classes; A law is an instrument used for maximizing ruling class interests in society and controlling the working classes @ Feminist Jurisprudence : the theory that law is an instrument of oppression by men against women - they cite 1) historical examples of discriminatory laws; 2) law = s historical failure to respond to women = s needs as distinct from men = s; and 3) that legal institutions are systematically biased against allowing women to attain positions of power and prestige
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15 Day 18: (pp.85-92) Procedural Justice - theory developed by Harvard law professor Lon Fuller (1902-1978) that a country = s laws must have a procedural fairness that makes them workable - the law is meant to guide human behaviour in such a way as to create and maintain social order - to judge the validity of law, one must answer the question: are its procedures fair and workable? Restraint of Power - Philip Selznick, a law professor at Stanford University in the U.S., developed a standard to assess the quality of a country = s laws whereby a country with the best laws and justice will be achieved when there is an independent body or branch of gov = t that can challenge, review and limit the laws made by the ruling power - therefore, the quality of law is very poor in a dictatorship where no one can challenge or restrain the dictator = s laws Application of Legal Theory to Canadian Law Rule of Law and Restraint of Gov = t Power - most challenges to Canadian law or government actions have been mounted in the court system - e.g. p. 89 Roncarelli v. Duplessis, the Supreme Court acted as a restraining influence on the sovereign power of the premier of Quebec by enforcing the > rule of law = Positive Law in the Constitution - loyalty to the King and the gov = t in New France was an example of positive law - at Confederation, the federal gov = t was given strong powers, another example of positive law: s. 91 of the Constitution Act, 1867 gave federal Parliament the general power A to make laws for the peace, order and good gov = t of Canada @ - invoking the War Measures Act in WWI, WWII and 1970 October Crisis illustrates intervention by a strong federal gov = t - another example of intervention, Trudeau = s Anti-Inflation Act, 1975, granting the gov = t the right to set wage and price controls for 3 years The Charter - the Charter lists many fundamental freedoms that reflect a natural-law perspective, like the right to A freedom of conscience and religion @ and the A right to life, liberty and security of the person @ - the Charter also reflects a positive-law perspective: e.g. in s.1where individual rights may be limited ; and s. 33, the A notwithstanding clause @ which permits federal and provincial legislatures to declare laws that violate Charter rights for a 5-year period
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16 CLN 4UI Notes Day 25: (pp.102-105) Importance of a Constitution : - a constitution provides the basic framework for a nation = s form of gov = t and its legal system: structure of federal and provincial gov = ts & their powers, + procedures for making laws - > Canada = s rulebook =
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