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Law Class 6.docx

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Carleton University
LAWS 1000
Betina Kuzmarov

Law Class 6Review3 types of lawmakinglegislative judicial and administrativePositivism in theory judges shouldnt be making law just identifying itAdministrative lawmaking is an area of lawmaking that comes from the delegated power of Parliament Parliament has powers to regulate in any area of life Since WWII Parliament has expanded into many areas of life where they dont have time to regulate and know about Agenciesbodies of govt like Canadian food inspection agency delegate them powers that they would have and let the administrative bodies deal with it They are given the power to administer in those areas as well as create rules and details that govern their area of law It is in two forms formal form regulation something created by the agency but passed by Parliament through internal processes so it becomes a part of the legislation also have power to interpret their own statute through things like policymaking They will tell you informally what it means if the inspection agency has the right to inspect a food plant Most of these bodies create conflict because they have the power to administrate this area Might be unhappy if youre a food plant and an inspector shuts you down Depending on the issue they can resolve their own disputes Less formal than courts and doesnt set precedent but it does say this is how we interpret our statute and this is how it has worked over time and you can challenge the judicial review in courts Outside influences on lawmaking like media social movements interest groups etc IntroWhat is the relationship between price of food and globalization Classic idea of sovereignty is no longer absolute Canada does not exclusively control cultural and economic policy It cant remove these forces unless it removes itself from global markets Globalization is a factor in why Parliamentary sovereignty isnt absoluteWhat is parliamentary sovereigntyIn the Westminster political system can in principle shall have a parliament similar to that of the British system parliament has the authority to make or unmake any law it chooses supreme political authority in any system Political sovereigntyPersonage of the kingqueen was the sovereignty of the state They represent absolute authority and also were entitled within their person to do whatever they chose Historically Parliament only sat when the queenking wants them to The Queen is dead long live the Queen means
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