Law 2101 Lecture Notes - Lecture 2: Constitution Act, 1867, Manitoba Act, Constitution Act, 1982
3 Oct 2016
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Constitutionalism is the idea that the power of government out to be limited by the law. Limited: federalism, charter of rights and freedoms. What is law: a framework or blueprint, allows us to recognize how we can interact, law sets standards, regulates interactions, 3 p"s. 4th p: population: all laws are rules but not all rules are laws. Philosophical basis: law is the body of rules that can be enforced by the courts or other government agencies, neutral law. Origins in religion and christianity: legal realism. The law is what the court says it is. If courts aren"t enforcing the law, is it really a law: legal positivism. Law is whatever who is in charge says it is. Who is in charge; legislation and statutes. As per aristotle, giving the law to wild beast that have appetites and passions. Rule of law: we should not allow the wild beast to have control over the law.
