Law 2101 Lecture 2: Unit 2 - The Canadian Constitution.docx
Document Summary
Unit 2: the canadian constitution: constitutionalism and the rule of law. Example: hutarians did not want to be photographed for cultural/religious purposes. At one point the provincial government obliged a photo id for drivers" licenses: hutarians refused to abide by a law they though was illegitimate, thus the courts concluded that hutarians had to have people drive them around. Complying with the law, like in this situation, carries heavier consequences. To answer this is to answer whether or not we should comply with the law. The reason we have law is for the sake of justice, what is fair to everyone. Criminal law is used to restrain wrong doing and punish wrong doers. Law guides behavior command backed by sanction. Command theory of law: promoted by john austin. He thought that all law could be reduced to a command backed by a sanction.
