CRIM 332 Lecture Notes - Lecture 2: Feminist Legal Theory, Legal Positivism, Divine Law
4 Apr 2016
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Related to concepts of equality, jusice and rights. Charter of rights and freedoms was entrenched in our consituion, making it highest law of the land, so if ever law made with gov"t, has to be consistent with the consituion, can"t violate laws sipulated. Desire to protect people from the majority. While we live in a democracy (majority rules), the idea is that just because you have a viewpoint not shared. The state has an enormous amount of control in your life. As a ciizen faced with that incredible power of the state, there should be rights in place for you to try to provide levels of protecion. Accused of a crime (rights to self incriminaion, counsel, informed of what it is being charged with, unreasonable search & seizure, arbitrary detenion) Another essenial element of charter is true equality someimes by recognizing inherent diferences, used to level the playing ield.
