SOSC 3360 Lecture Notes - Lecture 19: Slippery Slope, Public Good, Precedent
23 Mar 2018
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How do you challenge the law if bound by stare decisis. Cause cases do not start at the supreme court and all courts under the supreme court are bound by supreme court decisions (stare decisis) Changes in the way we understand the law. Changes in the facts of the case + argument. Decision could be different if they decided today. Changes in the interpretation of section 7. Carter + taylor = different argument compared to rodrigues. Rodrigues argument i cant take my life when i want to because the law present it. I (cid:272)a(cid:374)(cid:859)t take my life when i want to because of the law. So instead of preventing suicide i am forced to take my life before im ready. Illegal to tell anyone that you are participating in prostitution. Judges are not bound with precedent if the argument are different. Charter is a living tree not bound by stare decisis. Que(cid:271)e(cid:272)(cid:859)s argu(cid:373)e(cid:374)t healthcare falls under provincial law.
