POLS 3130 Lecture Notes - Lecture 4: Social Fact, Justiciability, Mootness
14 May 2017
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Document Summary
Supreme court of canada: access and docket: public important defined by the court itself, scc has to take cases-appeal by leave (most common) or appeal by right, however often includes: Presence of a constitutional issue in the form of a challenge to a statue, common law rule or government practice. If it is a newer issue, lower courts will need guidance from the supreme court in order to know how to. Interpretation of an important federal statue or provincial statue that exists in several provinces. Strict rules of standing (very specific, clear legal issue, not political issue: disputes are narrowly defined. Real/concrete cases (no abstract cases that could happen in the future. Bipolar (2 parties: judges as a referee. These judges only listen to whats going on: modes of reasoning: Low barriers to access: disputes are broadly defined. Inclusion of social facts: modes of reasoning. Acceptable for courts to play an active role in policy development.
