Earth Sciences 1022A/B Lecture Notes - Lecture 14: Henry De Bracton, Legal Realism, Limited Government
29 Oct 2017
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Document Summary
The canadian constitution constitutionalism and the rule of law. Framework or blueprint: sets standards and regulates behaviours. Establishing fundamental rights how other people think of it. Law deals with three p"s: persons (tort), property (property), promises (contracts). A potential 4th one is populations we affect one another. Natural law: objective moral principles that is discovered by natural reasons legal positivism: Legal realism: the law is whatever the court says it is: all three = philosophical basis for law not limited to these 3 theories, there are other ones too feminist theory etc. All laws are rules but not all rules are laws law is a body of rules that can be enforced by the courts or other government agencies. ** everything above line is not on exam** Constitutional law is concerned with the rules governing the use of government power: falls under public law. Constitutions reflect the values that a country regards as important.
