PHL 612 Lecture 7: PHL 612 - Week 7
28 Sep 2017
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Document Summary
Topic 1: sources of law: legislation and judicial decisions. Two main sources of law: legislation and judicial decisions. The constitution act sets out and defines powers of government. Topic 2: court decisions and structure of the court system. Issues of fact, issues of law, and matters of interpretation. Issues of law: choosing appropriate legal rule applied to the fact. Judicial review: special power and authority of the courts in liberal democratic societies, particularly those that are constitutional democracies, Judicial branch: interprets and playing law in resolving disputes. Administrative law deals with rules that govern operations of decision making agencies. Decision-makers must ensure that the persons affected are aware of the evidence and arguments advanced by other participants in the decision-making process or that which is in the knowledge or possession of the decision-makers. The second core principle requires impartiality and, crucially, lack of bias on the part of the decision-makers.
