ENVS201 Study Guide - Midterm Guide: Obiter Dictum, Parens Patriae, Alternative Dispute Resolution

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Document Summary

Separation of power (3 branches): legislative create, executive implement/enforce, judicial interpret/apply. Division of power: federal (cepa), provincial (epa of on) Provincial legislature/federal parliament: executive branch, formal head lg/gg, political head, premier/pm, cabinet, ministries. Sources of environmental law: international law, legislation (federal, provincial), regulations, common law, informal sources (gov"t/intl policy) Judges: appointed by gg (on advice of pm); lawyer for 10 years; under duty of impartially. Types of bills: gov"t (introduced by members of gov"t) or private members" bills; both feds and provinces may pass bills related to environment; statutes may provide for delegated legislation (regulations enacted by cabinet). Subordinate legislation: law made by someone other than legislature, has authority (common law) Trial of action: pleadings (statement of claim/defence), discovery (of evidence), trial (proof of claim), decision, appeal. Statutory l and cl: not mutually exclusive; ct interpret statutes, interpretation then binding; legislature may overrule ct through legislative instruments (parliamentary supremacy)