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Law 2.doc

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LAWS 1000
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Monday October 21Law and the ConstitutionFederalismcomplicated system protecting minority interests Secession of Quebeclandmark case in regards to the constitution of Canadamajority of quebec residents wanted to separate from the rest of Canadafive organizing principlesfederalismdemocracyconstitutionalismrule of lawrespect for minoritiesFederalismlegal response to underlying political cultural realities existing from Confederation to todayattempts to reconcile diversity with unityfacilities pursuit of collective goals of cultural and linguistic minorities forming a provincial minorityguarantees representation of each province with parliamentDemocracyoften understood as being a political system of majority rulebecomes more complex when considered in relation to other constitutional principlesmust be flexible enough to consider and acknowledge dissenting voices cultural and group identitiesConstitutionalismrequires that all government action complies with the constitutionbears similarity to the rule of lawprovides that the constitution of canada is the supreme law of canadaRule of lawrequires that all government action comply with the lawshields individuals from arbitrary state actionsafeguards a predictable and ordered society in which citizens and residents can conduct their affairsProtection of minoritiesprominent concern for courts and government particularly in the postcharter eraessential consideration in the design of constitutional structureNational interests in move to secedenational economynational debtterritorial boundarieslinguistic and cultural minorities unevenly distributed throughout the countryFirearms act 2000whether parliament had constitutional authority to enact the firearms act 1995which level of the government can control the firearms actPurpose and effect of the actlaw aimed at enhancement of public safetylaw held to be within parliaments jurisdictionintrusion into provincial powers over property and civil rights merely incidentalLATIMER5A 5B 5EMonday November 4Law Morality and JusticeNecessity and murderlaw cannot hold individuals accountable for actions that were necessarymust define when an action is truly necessaryMouses caseEngland 1608ship carrying cargo of goods was overtaken by a stormcaptain ordered crew to throw cargo overboardcourt excused himDudley and StephensEngland 18843 sailors and cabin boy lost at seadecided to kill the cabin boy for food3rd sailor refused to participate not necessityactions constituted murder without legal justificationDudley and Stephens sentenced to deathroyal prerogativesentenced to life in prisonauthorities exercised discretion and released prisoners after 6 monthsLatimerTracy Latimer suffered cerebral palsy and quadriplegia
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