POLS 3130 Lecture Notes - Lecture 1: Patriation, Private Law, Public Law
2 Jul 2016
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Politics: who gets what, when, and how: importance of decision outcomes, bound by law, key is often normative and partisan. Law: a body of rules, enacted and applied by public officials in a legit manner backed by the force of the state. Politics are structured by law: rule of law: equality before and under the law, roncarelli v. duplessis. Source of law: written codes, legislation, constitutions; comprehensive. Legal reasoning: deductively applying principles from code to dispute; no precedent: usually no concurring/dissenting opinions, abstract review (removed from live dispute) Where is it used: continental europe, central and south america: quebec, scotland and louisiana. Source o law: judicial decisions (precedent), legislation, constitution; organic. Legal reasoning: precedent legal principles from previous examples: concurring/dissenting opinions common, concrete review (applied to live disputes) Bijuralism: co-existence of two legal traditions the recognition of and respect for the cultures and identities of two legal traditions.
