CRIM 230 Lecture Notes - Jaywalking, Primary And Secondary Legislation, Breathalyzer
24 Feb 2013
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Document Summary
Constitutional law sets limits, sets foundations and structures upon which laws are made (heart, > constitutional (bna act, charter of rights) > subordinate (city parking regulations) brains , lungs) Ordinary legislation is general policy, sets rules on behaviour (arms and legs) Subordinate legislation is the detailed information, ex the type of breathalyzer used (fingers and toes) Ordinary legislation still goes through legislative process. Regulations can be made and changed by anyone that has the power assigned to them by ordinary legislation to do so. Constitutional legislation divides the power to make laws and sets limits, ordinary legislation sets general policy, subordinate legislation provides the detail and mechanics of enforcing that policy. Very unusual for any other type of law to take away loss of liberty. Requirement that all elements of an offense be proven beyond a reasonable doubt . Stigma attached to someone who committed criminal offence. Less stigma attached to regulatory offenders (ex jaywalking)
