LWSO 203 Lecture Notes - Fide, Section 33 Of The Canadian Charter Of Rights And Freedoms, Freedom Of Movement
11 Oct 2012
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Natural law: regards law of god and inherent, universal rights of man, aquinas, locke, jefferson. Positivism: regards law of the sovereign; no natural rights, hobbes, bentham, austin. Liberalism: man possesses rights for so long as he does not harm another, mill, holmes. Historical jurisprudence: law is developed by people in a specific region and adapts as the people adapt; is the root of common law, sumner, savigny. Legal realism: challenges the assumption of an impartial law. The role of the legal system is to ensure that law prevails over the sovereign; even the sovereign in subject to the law: roncarelli v duplesis: Roncarellie (jehovah"s witness) owned a restaurant and needed to renew his liquor license through the province of quebec. Duplesis (premier) refused to renew license because he didn"t like jehovah"s witnesses. Duplesis was told by scc not to discriminate. Black v chretien: black (wealthy newspaper man) finangled himself a lordship in england (even though he was.
