Mos Law Sept 19 2011.docx

3 Pages

Management and Organizational Studies
Course Code
Management and Organizational Studies 2275A/B
Philip King

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- Stock market volatility blames Greek debt - Greek people retire at 55 and 1/3 of people work for the government - Greek lying about GDP since joining the EU - Greek either going to default or bailed out by the EU again - Bailing going to an end – German & France have started bailing out other countries - Last week Moody’s downgraded two French banks – these banks hold a very large portion of Greek debt (as a result balance sheet looks very risky)  exactly what happened in 2008  Majority of those French banks assets are Greek loans - Austerity plan: opposed by Greeks because they never had to pay taxes & retired at a later age  Greeks retaliated as a result - Overall picture: we are Greece (predictor)  Ontario Premier spent more than we don’t have  2008 Bailout companies with trillions of dollars that the USA did not have What is Law: - Whether law is enforced or exist independently of humans - Should people abide bad laws (people do not believe/agree with the law) Where does Law come from: - Precedence/ cases set from the past - Criminal code – government passes statutes or legislations - The constitution (at the top, most important) – anything that conflicts with the constitution always loses (regardless of cases and statutes) - In Britain is it entirely made of tradition, precedence etc. - Americans wrote down their constitution (entirely different) from Britain  Change the constitution, make amendments - Canadian constitution is partly unwritten, and partly written - Written constitution: charter of rights and freedom - Unwritten constitution: 3 judges from the supreme court of Canada must be from the province of Quebec, Government General is always switched between Francophone and Anglophone - In Canada, the government must obey the law – if unconstitutional, anyone can challenge them in court and if found true, they have to change their policy - Many governments do not follow the law/constitution, they are above the law – many people around the world live in fear of government or police Division of Power: - Section 91 & 92: division of power - 91: federal government & laws – banking, direct taxation, criminal code, international trade, federal jurisdiction, navigation in shipping, - 92: Provincial government and the kind of laws they can set – marriage/divorce, health care, education, property and civil rights, licenses, municipalities (by-laws) - Peace order  Pod Clause: when there is a gap, it goes to federal government (i.e. air travel, telecommunications etc.) - Federal governments get anything that’s on both lists (federal and provincial) Charter of Rights and Freedom: - Part of the constitution – anything that conflicts have no force or effect - Came into power in 1982 – development in Canadian law when introduced - Reflected Canadian values in existent at the time - Sets out right and freedom that every person in Canada enjoys – guarantees as part of the constitution - What are they:  Section 2: everyone has the fundamental freedoms: conscience & religion, thought, belief & opinion, assembly and association – the charter applies to everyone who lives in Canada (anyone who stands on Canadian soil)  Democratic rights, mobility rights, legal rights (security, liberty, freedom without warrants) - 3 limitations: 1) section 33 notwithstanding clause (override the charter, so long as they say in the statue “….”) – in effect for 5 years – F
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