LS403 Lecture Notes - Lecture 5: Commonwealth Of Nations, Precedent, Sharia
Document Summary
Canadian charter of rights and freedoms, limits power of government and limits us too. Still can have codifications (criminal code of canada). Legislature can pass laws or make amendments to laws. Judge made decisions and laws are most important: comes from england, later inherited by colonization by all the common wealth countries, stare decisis = precedence sets the decision. If a court makes a decision, all cases thereafter follow that ruling. You can open up the code and know what is happening. Religious: most common religious laws are sharia law, jesus and canan, religious documents and religious decisions form the body of law, not bound by religious law in every aspect. Hybrid: can have multiple times of laws together. 3 criminal law systems: public law, international, private (aboriginal/indigenous) In any one territory, there is and always has been a different way of practicing law with aboriginals artifacts. Canada: historically, law in canada has always been plural.