POLS 2140 Study Guide - Midterm Guide: Neoconservatism, Feminist Theory, Critical Legal Studies
23 Oct 2017
School
Department
Course
Professor
Document Summary
Define the concepts of politics, law and the judicial politics in a canadian and comparative perspective. Natural law theory: god already made laws and it"s our job to discover those laws law = morality (law has to be just) Legal positivism law is what government says it is (doesn"t matter if it"s moral or immoral) role of judge is to interpret and apply the law. Legal realism law is influenced by politics, socio-economic context, and attitudes of judges law is subjective. Critical legal studies law favours socio-economic elites and sexual inequality (linked to feminist theory) Explore the interaction of politics, law and the judicial process. Compare the historical background, jurisdiction, structure and workload of each type of canadian court. Section 92 courts: provincial court, bottom of food chain hears cases for first time. Section 96 courts: hybrid administered by provinces but employed by federal government. Section 101 courts federal courts: highest up on the food chain.
