POLS 1400 Lecture 8: POLS (Lecture 8-9) mohan
Document Summary
Common law: the rules developed by the courts and based on the principle of stare decisis (precedents) Precedents: cases used as future reference for future cases. Civil law: the law of ancient rome, especially that which applies to private citizens. Judgments are based on codified principles rather than on precedents. Customary law: reps some law that are bound by custom and religion (indigenous people) Religious and customary law are not as popular in canada) Federal court of canada: hears cases of taxation, patents, copyright and administration. Supreme court of canada: 9 justices appointed by the pm, the highest court for civil, criminal and constitutional cases. 1982 they really strengthened their power of making decisions (in 1982, the new constitution was repatriated charter of rights and freedom was created) Nomination process is not very transparent very selective and final. Out of 9 justices, 3 must come from quebec to represent the civil law.