LAWS 3305 Lecture Notes - Lecture 3: Irish Rebellion Of 1798, Reform Act 1832, Peterloo Massacre
Document Summary
A government has legitimacy if the people under its jurisdiction regard it as the rightful gov"t. A measure or practice adopted by the state has legitimacy if the people believe that the rightful gov"t had a right to establish that measure or practice. The key is whether the people regard the gov"t (or an action of the gov"t) as legitimate, not whether the gov"t technically does conform to legal or constitutional requirements. On the whole, the residents of the british north american colonies got on board with british criminal justice rather than digging in their heels against it. Lower canada: how might the conquest have changed criminal justice in. Quebec act (1774) british law ceased to apply in civil matters; criminal law, though, remains. Inquisitorial: judge helps to find evidence for both parties; judge involved in defending as well: adversarial: parties provide their own evidence; Public trial (british system) vs. non-public trial (new france/europe)
