POLS 257 Lecture Notes - Lecture 9: Precedent, Judicial Activism
Document Summary
Constitution is largely written, but includes unwritten traditions and rules. Constitution is set in time and, practically, set in stone . Constitution is not particularly useful in responding to social and cultural change. Legislatures limited by their constitutionally granted powers: e. g. section 91 or 92. Legislatures are bound to act within constitutional limits prescribed in 1982. Remember from our past weeks of discussion: Those judges need to deal with several thousand cases every year. Stare decisis et non quieta movere : stand by decisions and do not disturb settled matters. Nisi prius : in the course of a trial. Bc provincial court must follow decisions of all higher bc courts and supreme. Court of canada: i. e. bc supreme court, bc court of appeal and supreme court of canada. Bc supreme court must follow decisions of all higher bc courts and supreme. Court of canada: i. e. bc court of appeal and supreme court of canada.
