POLS 3135 Study Guide - Final Guide: Black Letter Law, Living Tree Doctrine, Canadian Federalism
11 Jun 2017
School
Department
Course
Professor
Document Summary
The law prescribing the exercise to power by the organs of a state. Explains which organs can exercise legislative power (making new laws), executive power (implementing the laws) and judicial power (adjudicating disputes), and what limitations on those powers. Constitution described as a mirror reflecting the national soul as it must recognize and protect values of a nation. Outlines the mechanics of the government (who does what) and restrains them from acting in arbitrary ways and elevates citizens above the good (individual liberty) Deals with ones" right against the government. Rights against other citizens (regulated by provinces) the right to sue another person civil action or rights is within provincial jurisdiction which gives citizens the right to pursue legal action against another person or institutions. Government cannot suppress ability to express yourself but can create law to limit that. Incoming government can repeal any legislation it chooses to. Must be within the laws of the constitution.
