POLS 3130 Lecture Notes - Private Law, Nervous Shock In English Law, Instrumental And Value Rationality
1 Apr 2014
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Lecture 1 definitions and types of law. Attorney general v. bedford: constitution > statute > common law, charter section 7 and section 1. Judicial hierarchy: oscj oca scc: revisiting the prostitution reference 1990. Legal doctrines have changed over time section 7 has changed throughout time. Law & politics: magna carta (1215) s 39, rule per legem terrae (according to the law of the land) is a fundamental tenet of canadian government. Even the king had to abide by laws: the judicial process is at the centre of the tensions inherent in self-government. It is about the extent that you can impose your own opinion onto others: politics is bound by law: Primacy of legal norms: legal norms are shaped by politics through the introduction of statutes. Constitutional supremacy: legal rules can be inhibiting argument" stoppers, must be careful about law politics interface, too much constitutionality limits/imposes the introduction of beneficial policies.
