PHILOS 1B03 Study Guide - Final Guide: Section 33 Of The Canadian Charter Of Rights And Freedoms, Parliamentary Sovereignty, Westminster System
1 Sep 2016
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Common law: ease law, created by judges when decided cases, case reports. Civil law: private law, contracts, plaintiff sues. Criminal law: public law, state v individual, verdict (not judgement, punishment. Statutory law: parliament, congress, judges apply laws to certain cases. Government create, regulate and limit basic powers of government. Two constitutional models: westminster model: parliamentary supremacy; No constitutional restrictions on parliaments power to legislate within jurisdiction replaced with : constitutional. Democracy: powers limited by charter; judges enforce charter constitutional review. Dialogue theory: says that most judicial decisions striking down laws are not nal" new legislation usually passed, legislature can pass law to achieve same purpose following judicial decision striking down law because of. S-1 (judicial interpretation: allows to pass laws that establish limits on rights. avoids absolute rights: or legislature can pass the same law using the notwithstanding clause, ss-33.
