POLI 201 Lecture Notes - Lecture 5: Precedent, Napoleonic Code, Judicial Independence
9 Feb 2017
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Document Summary
Law, constitutionalism, international law: character of law (origin, types, functions, canadian legal system (common law, rights, constitution, british vs us vs canada, rule of law, how states cooperate internationally. Law are rules that explain regularity of behavior, law make the universe intelligible. Law for human beings complicates things, human possess free will (example: no need to enforce law if gravity) Societal laws developed over time, through custom or codified. Legislation: deliberately crafted/designed (physical written into the constitution) Customary law still in canada= common law operates because of our british inheritance (organic & flexible); contrast to civil law system. In medieval england, laws varied from town to town. King appoints judges to create common law for all britain. Precedent, stare decisis stand by past decisions. Flexibility & innovation: to make new precedent, applying to anglo democracies. Common law used by: uk, usa cdn, nz, oz + former british colonies. Common law is great but not enough.
