LGLS 1000U Lecture Notes - Lecture 2: Primary And Secondary Legislation, Quebec Act, Ratio Decidendi
Document Summary
Making the law: systems and sources of the law. Reading: childs v. desormeuax (drunk driving: systems of law. Deals with the earth and natural world. Code aims to make a regulatory framework for a given area of law. Roman emperor justinian codified law in 6th century ce. Judicial decisions as main method of law creation. Precedent a 17th century concept: canadian legal systems. Sources = creation teachings, observations from nature, proclamation, French defeat = control over quebec transferred to britain quebec resisted = Precedent-based system according to principle of stare decisis. Courts look past similar issues to guide their decisions: sources of law. Legislation = a body of written rules produced by state institutions according to formally set process. Takes two forms; statutes and subordinate legislation. Statutes = set framework of regulation, enacted by federal and provincial legislative bodies. Subordinate legislation: regulations, rules, bylaws passed by government bodies to which legislatures delegated power.
