ENCS352 Lecture Notes - Lecture 2: Encs, The The, Aboriginal Title
2 Nov 2016
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Rule of law: everyone is subject to the law, no one is above the law, powers are limited to those granted by the law. No other law that is passed can be inconsistent with the constitution > can be turned down. Both provincial and federal levels are created by the constitution and make laws. Statutes (aka, acts, legislations) > publicly debated. Regulations (subordinate to acts) > passed by the executive (cabinet/minister) Yellow and green = largest part of environmental law. Courts aka guardians of the constitution > lots of power. Rules that govern relationships b/w individuals and society. Rights of private parties to seek compensation when harmed by others. Source = mostly the common law (judge made law) Common law (judge made law) = based on english legal tradition of precedent: when a court makes a decision applying the common law in a new case, it sets a precedent.
