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POLI 1F90 (138)
Lecture

Political Science T1 L10 Judiciary.docx
Political Science T1 L10 Judiciary.docx

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School
Brock University
Department
Political Science
Course
POLI 1F90
Professor
Paul Hamilton
Semester
Fall

Description
Rosalie Abella is an example of a member of the Supreme Court who was not born in Canada, was born in Germany and came here as a child: Do not have to be a born Canadian Issues: - Do courts exercise too much power? - Do courts reflect inherent elite bias? - What is the relationship between courts and elected officials? (Egypt) Why do legal systems change? - Turnover of courts - Political culture change (same sex marriage) - Scientific advances (E.g. HIV cases, GHG USA) - New law: Charter of Rights and Freedoms (1982) - Other jurisdictions Types of Law - Public Law: Constitutional and criminal - Private Law: Disputes between citizens; corporate - International Law: WTO, Geneva Conventions, UN treaties Legal Systems - Common Law: Stare decisis “let the decision stand previous decisions” - Distinguish a case is to make a new decision - Common law jurisdictions can use other jurisdictions’ decisions - Massachusetts’ same-sex marriage decision used elements of Ontario’s decision Other Systems - Civil Code: Continental Europe, Quebec, Louisiana. Law applied freshly – theoretically – to each case
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