LWSO 413 Study Guide - Midterm Guide: Mahatma Gandhi, Beverley Mclachlin, Legal Positivism
8 Mar 2014
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How do we take account of our affiliation with groups); issues of: gender, ethnicity, language, religion, sexual orientation, political groups. S. 2 (a)= freedom of conscience/religion; (c) freedom of peaceful assembly; (d) freedom of association. S. 2(b)= covers expression (freedom of thought, belief, opinion, and expression- freedom of press/other media of communication) S. 7= covers the rights to life, liberty, and security of the person (7-14 usually deal with legal rights) S. 9= right not to be arbitrarily detained/imprisoned. S. 10= right on arrest/detention to be informed promptly, retain/instruct counsel without delay/be informed of the right; be informed by habeas corpus, and released if not lawful. S. 1= broad balancing provision- reasonable infringement of rights; oaks test. Applied to the states through: the due process clause of the 14th amendment. S1= nor shall any state deprive any person of life, liberty, or property, without the due process of law .
