TRN204H1 Lecture Notes - Lecture 2: Adversarial System, Obiter Dictum, Precedent
Document Summary
Common law substantive body of law & process of making law. Diff than legislation both are law making but common law created by judges. Decisions of judges have life of their own. Common law & legislation common law inferior in hierarchy (in theory(?)) First principles of democracy laws being created by legislators that we vote for. Common law generated by judges appointed by gov"t. Judges hearing arguments about how legislation should be construed what the legislator intended. Ex. cannot assist suicide infringing on individual rights. Amend criminal code to put limits on. Courts can interpret those rules have less weight in comparison to common law. Need for set of rules that apply across country. Primary motivation grounded in property law. Earliest common law how property transferred, what happens when stolen, etc. Canadian common law has roots in uk common law. Colonial gov"t colonial set of laws.
