LAWS 2502 A - Exam study notes
What is society?
A human group
With common rules of conduct
Thus, predictable behaviour
Enforceable by law/government state
Organic theories (Plato,
Law, State and Citizen
Judicial Review and Procedural Control
(A) Judicial Review and Procedural Control
Judicial review is an examination of an administrators decision to see if it was
authorized by statutory or other governmen
LAWS 2502- Week 1
What is a society?
A group of people living under common rules.
We make law because it gives us the promise of predictability and security.
The purpose of the law is to help build up the sovereign and sovereign needs support to
micro rules that go in administering the state or running the state. Both legislation and
constitutional regulations are important in this law. Ex. minimum wage increase
Discretion ex statutory discretion. Allowing your own judgement.
Nature of the state and the relationship between the state and law. Difference b/w law
and morality. Natural Law, Positive Law
Case questions. (20). Meaning, aspect of the case.
Judicial review: public and private orders. Judicial appeal. Diff
Non-Judicial and Judicial Control
Rule of law
Why create administrative tribunals? Aka why favour admin and not courts?
Cost, less costly!
Early reaction: deunication of delegation to
Judicial Review and Procedural Control
Natural Justice: consists of two principles 1) Audi-Alteram Partem/Hear the other side 2)
Nemo judex in causa sua/nobody can judge their own case (judge must be impartial).
These rules from apart of procedural judici
Week 6 Continuation
What judges do to better understand what courts do to understand decision. Key
functions of the judiciary:
resolution of disputes according to law
assert social control
interpret and make laws. Resolv
- Judges interpret the law in a liberal and generous manner.
-Textual and contexual approach (CDN): staying closer to the text. More clear cut. Objective.
Interpretivism vs non- interpretivism approach (USA): subjective allows judge to consider cas
Week 8- Equality and Fundamental Justice
- Hogg's liberal approach to the constitution. Purpsive aproach narrows the words we'r
interpretting. Because the meaning is cofinde to it's purporse. and general (liberal) is the
approach is when your interpretati
Week 9: Fundamental/Equality Rights
Egan case: analogous grounds
reading in: meaning adding words into the statue which arent there.
Cases that differ in outcome, and courts that decide cases, reading in, causes
Week 10: Aboriginal Group Rights
S.25 touches on aboriginal rights.
-burden placed on the crown.
- "Crown's radical title" absolute ownership
-Fee simple estate: If your in position to buy property, your buying your piece of land and getting
Week 11- Public International Law
Positive Law- Man made law usually in the form of statute but there are also natural law
Natural law- God made law
Public International law- deals with the law of nations. Relationship between nation
states. Not governed
Class one review questions:
Question one: what is the legislation that forms the basic structure of Canadas political
The constitution act, 1867, (originally the British North American Act, 1867)
Question two: what are some of
Leroy Little Bear
Roncarelli v. Duplesis
Roncarelli owned a restaurant- plaintiff
Was a by-law you cant go around giving flyers (Jehovah Witnesses)
Rencarelli bailed all of those who got arrested
Post liberal rights
Question one: what is the significance of this image to the course? (picture looks
like chair besides a medival thing to depacitate.
- four Foucault sovereign power is:
o central in the early modern period (1400
What is the state?
this is the challenge in public law
often the state is arguing that it isnt the state (i.e., it doesnt want to be involved)
not easily defined but must be controlled
How do we define the state?
o middle-class, Jewish, born in Prague in 1883
o trained as a lawyer, where he met Max Brod
o began writing in addition to his employment
o developed tuberculosis in his early 30s
o died near Vienna in 1924
Law,state and citizen
The English civil war and the check on arbritrary power
- until the early 1600s the british monarch legitimacy was supported by the
doctrine of the divine right of kings
- at the tie parliament was merely a temporary advisi