PPAS 3135 Lecture Notes - Lecture 1: Friedrich Hayek, Commonwealth Of Nations, Primary And Secondary Legislation

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Public law i: the constitution and the courts in canada. Reading milanovic (a) page 2 16: public law, the state and the courts. Law- a body of rules enforceable in the courts. It is a rule based, normative and enforceable. State- is the i(cid:374)stitutio(cid:374) that e(cid:454)e(cid:396)(cid:272)ise so(cid:448)e(cid:396)eig(cid:374) po(cid:449)e(cid:396) a(cid:374)d pu(cid:396)po(cid:396)ts to a(cid:272)t o(cid:374) (cid:271)ehalf of the (cid:862)pu(cid:271)li(cid:272)(cid:863) i(cid:374) a given geographical area. Public law- the law relating to the state and to the relationship between the state and society. Private law- the law relating to the actions of individuals and groups in society. Canada has both common law and civil law (inside quebec: common law system has an adversarial procedure and is orientated towards case law, civil law system has a more inquisitorial procedure and is based on legislative codes. Common law- the body of rules and principles developed by the court of law (precedent)

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