POL224Y1 Lecture Notes - Breathalyzer, Ultra Vires, Constitution Of The United Kingdom
Document Summary
Courts can make law, define law for it and for any inferior court. Ex. whether or not a 13 year old can be charged for breaking a window with a ball. They either recognize that he was old enough to know better or not. Courts interpret the law and embellish it when there is an ambiguity. Rule of law works differently in the us and uk. Courts interpret common law and thereby remake it. But parliamentary system means statute law is trump". Relatively easy to change/ reverse laws made by the courts. Most courts work this way except the eu. Executive prerogative also is trumped by statutes but persist. In the british (canadian) tradition, executive (crown, cabinet, etc. ) have the right to avoid the authorization of a statute/ do not need consent to prorogue parliament. Legislature is not dissolved (also a prerogative) but suspended. Convention is that the cabinet goes to the gov. gen to request prerogative.
