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PAP2320 (31)
Lecture 5

WEEK 5.docx

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Department
Public Administration
Course
PAP2320
Professor
Roger Rickwood
Semester
Winter

Description
WEEK 5January2814717 PM Inwood 167202 public administration the constitution and lawThe law courts and the administration of justice institutions for the administration of justice are a feature common to all societies ex Egyptian kings first to delegate the administration of justice to judgesReputation as a country is reflected in the constitution which speaks volumes about the political cultures of the countryRule of law principle that both the rulers and the ruled are answerable to law and both are prohibited form interfering with the independence of the courts which uphold the rule of law through their positions as independent arbiters of societal disputesFunction of law regulate human behaviouroTo be effective it must beknowable people made aware of the standards to upholdPredictable no arbitrary applicationCommon law system of law wherein judges dispense justice on the basis of past custom and precedentsoLaw based on statutes passed by the legislatures of the federal and provincial governments and on the English common law traditionoApplied outside Quebec in matters of private lawCivil law QuebecoBased on roman law when emperor ordered the consolidation of all lawoNapoleonic code represented an authoritative written record of all lawsoJudges more constrained in making judgmentsoApplied to private law matters inside QuebecAboriginal law contributed to legal system rights and treaty rights recognized and protected under the constitution customs and traditions contributed to the new ways of dealing with peopleoReserves responsibility of federal governmentoNot yet authoritatively determined the contentCourts are federaloSeparate federal and provincial courtoSeveral parts of the constitution relate to the courtsoApex supreme court all types of law cases can be appealed to and heard hereoConsists of 9 learned and senior justices appointed by the PMo3 judges from Quebec hear civil law casesoUS court system 2 parallel independent sets of courts state supreme and courts of appeal for matters falling within state jurisdiction and federal district courts and courts of appeal for matters of federal jurisdictionoCanada inferior and superior trial courts and 2 appeal courts appended to a federal structure3 distinctive featuresMatters arising under federal or provincial law are dealt with by courts that are administered by the provincesNo distinction between the courts that try matters of federal law and those that try matters of provincial law
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