PHILOS 2Q03 Chapter Notes - Chapter 1: Precedent, Food Safety, Royal Assent
2 Apr 2018
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Document Summary
Public law: sets rules for the relationship between individual and society. Constitutional law (controls government power & relationship with citizens) Sets out the basic structures and power of government. The body of rules according to which the state governs its internal operations as well its relationships with its citizens. Private (civil) law: sets rules between individuals, settles private/personal disputes. The body of rules according to which private citizens can govern their own relationships. Canada"s legal system is based on a combination of common law and civil law. Canada has a written criminal code, unlike england. Common law: law that is not written down as legislation; rules based on precedent. Can only be found in past decisions, it is a flexible, ever-changing way of thinking. Judges refer to previous judges" decisions about a similar issue. The (judges") power of precedent: stare deciaia et non quiwta movere = to stand by decisions and not to disturb settled matters.
