POLS 1200 Lecture Notes - Lecture 5: Inquisitorial System
23 Sep 2018
School
Department
Course
Professor
Document Summary
What are the goals and objectives of the canadian legal system: justice, fairness, accessibility, equitable treatment, enforce laws, deterrence, punish law breakers, protect victims. 2: truth is more adversary, both parties represent clients, bias is limited, litigants feel there is more legitimacy to the outcome as their side was heard. Downsides: bias/income bias for the type of lawyer you can afford (inequitable resources, less for the truth lawyers choose the evidence that best shows their clients, win/lose instead of getting truth, best interest is to win. Inquisitorial system: truth commission, negotiation, mediation, arbitration. Parliamentary sovereignty: parliamentary sovereignty: invented from the uk, all decisions of democratically elected legislature ere final/supreme decisions, what parliament says, goes in uk, can is similar but different. Constitutional supremacy: constitutional supremacy: if laws conflicted with charter, struck down, 52. (1). Manitoba wanted to print more currency, federal government said it was only their power, issue went to court.
