LAWS 1000 Lecture Notes - Lecture 4: 1930 Imperial Conference, Canada Act 1982, Precedent
Document Summary
Law 1000 lecture (4) law, state and the constitution. *only country in the world with both legal traditions: differences between civil & common law, cases, scholarship & the importance of precedent. Common law case based, built on decided cases, stare decisis, the way we come to understand legislation is the way it is interpreted over the years in court. Must distinguish between another case that was similar in order to have a different outcome. Civil law take in consideration anything legal. Reconciling civil & common law: cpr v. robinson, desrosiers case o. Impacts of two legal traditions in quebec: o. Mixed system" : civil and common law functioning at the level of private and public law respectively courtrooms in quebec do not look very different in format etc. from that of. Bouchard & taylor reconciling rights: goal is minimal impairment, maximum enjoyment of right it"s about balancing the degree of infringement so that both parties enjoy the right.
