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Final Exam Review

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Political Science
POLS 1400
Nanita Mohan

Exam Review for Political ScienceLecture 6Law A rule of conduct or procedure established by custom agreement or authority Constitutional Law Deals with the rules practices and institutions which constitute the stateCommon Law The rules developed by the courts and based on the principle of stare decisis Precedents Civil Law The law of Ancient Rome especially that which applies to private citizens Judgments are based on codified principles rather than on precedents Law and CourtsCourt in Canada Federal Court of Canada Hears cases of taxation patents copyright and administrationSupreme Court of Canada nine justices appointed by the prime minister the highest court of civil criminal and constitutional cases The constitution All the fundamental rules and principles according to which state is governedIt establishes order and allow for the peaceful resolution of conflict in society Politics allocates power courts rule on division of power Charter of Rights and FreedomsS 2 Fundamental Freedoms S 34 Democratic and Mobility RightsS 714 Legal RightsS 15 Equality RightsS 1622 Language Rights S 24 Judicial Review the power of the court to determine if the actions of other branches of the government are constitutional or notS 2530 Identifiable groups Top 10 decisive decisions by the courts on Charter Cases 1984SkapinkerOntario law did not violate mobility rights 1985SinghProvided refugees the right to a full and oral hearing because of fundamental justice1985Big M Drug Mart Struck down the Lords Day Act on Sunday shopping as violation of freedom of religion1986Oakes Established guidelines for interpreting the reasonable limits clause1988Morgentaler Outlawed Criminal Code restrictions on abortion employing the security of the person clause What is the status of abortion now1990Keegstra Determined that freedom of expression does not apply to disseminating hate literature 1992Butler Limited freedom of expression in relation to pornography 1993Rodriguez Concluded that security of the person does not include right to assisted suicide2013 Update2001 R v Sharpe violation of freedom of expression2005 Chaouli v QuebecCharter sec 7 life liberty and security of person2006 R v MorrisIndian ActTreaty Rights also refer to R v Sparrow and Section 35 1990Judicial Independence Judges must be above politicsLifetime appointmentsCourts do not change ideologically as government do Judges arent beholden to politicians or partiesButFederal judges are appointed by the executive branch with no need for confirmation by the legislature Judicialization of Politics Are courts decisions making public policyPolitics take place in the courtroom rather than in the legislatureLegalizing politics and politicizing the law Are politicians hiding behind judgespassing off controversial decisions to judges
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