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Lecture

LAWS 2502- January 8, 2014.docx
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Department
Law
Course
LAWS 2502
Professor
Stacy Douglas
Semester
Winter

Description
Idea of the "Living Tree Doctorine" •Law is a growing concept that is constantly changing and is different o Example of the Edwards v. Canada case (1929) • AKA persons case whether or not women could sit in the senate and qualify as persons • Where the living tree first came out The English Civil War and the Check on Arbitrary Power o Divine Right of things • Idea that kings had right and their power derived from God • Until early 1600s, the british Monarch's legitimacy was supported by the doctrine of divine right of kings o Parliament did not exist, they were known as the privy council, it was merely a temporary advising committee for the sovereign o Unfair taxation and anti-Catholic sentiments • Parliamentarians attempted to limit king's arbriatrary power o English civil war was fought between Royalists and Parliamentarians • Two factons began to emerge, people who thought king should be kept in check • People who thought that the parliamentarians who were crazy and supported continued rule of the king without the rule of parliament o By 1688, the role of the Monarch was re-established by tempered with a Bill of rights • 1600s was important for establishment of a Monarchy, important for Canada and the merging idea of the rule of law •English Civil War o 1597: We have a book by James I, who wrote about "The True Law of Free Monarchies and Basilikon Doron" Wrote about divine right of kings, was King of Scots o 1603: Queen Elizabeth I dies and James I takes the throne o 1603-1610: Guy Fawkes tried to kill James I because James I hated Catholics and were repressing them, but Fawkes was a revolutionary Catholic • Decided to go into Parliament underneath and blow it up o 1606: November 5th, Gun powder plot was exposed, he was sentenced to hang in 1606 in January o 1610: James I was criticized for his use of arbitrary power. Two significant cases - The Case of proclamations (1610) and Dr. Bonham's case (1610) mark important checks on the King's power o 1625: He dies and Charles I takes the throne • In 1628, Parliament presents Charles with the Petition of Right • Charles I signs then dissolves Parliament for the next 10 years o 1642-1648: English Civil War o 1649-1660: The Protectorate Revolutionaries have cut off the head of the king • Run by Oliver Cromwell, military figure that leads the Protectorate • Dies in 1658, his son takes over, people hate it and overthrow • Charles II takes the throne in 1660 o 1688: The Restoration happens, end up with a constitutional monarchy • Monarchy with constitutional pieces to check that power • 1880s: The Glorious revolution: no bloodshed • Two books are written during this period: o Leviathan (1651) by Hobbes, who said that there needed to be o Two Treatises of Government (1689): Two Treatises of Government • 1650s: British colonization of the Americas and Africa begins British Empire- territorial expansion • British Overseas colonial endeavours followed the trends started by Portugal and Spain • Territorial expansion increased steadily from the 1500s until the 1900s • The empire was strengthed by the strategic settlement processes, also known as settler colonialism in countries such as Australia, New Zealand, South Africa, Israel and Canada o Settler colonialism is known as putting settlers on the land to take it over • Take the poor from England, set them in Canada, and keep others off
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