Law 2101 Chapter Notes - Chapter constitution : Summa Theologica, Lon L. Fuller, Constitutionalism
8 Mar 2018
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Constitutionalism: idea that powers of government ought to be limited and limited by law. Ensures government is not totalitarian and can make its actions illegal if exceeds constitution. Constitution act 1867: assigns certain matters to federal and provincial government. Ancient concept and often misused to support ideas that it has no relation to. Influencers: aristotle, aquinas, av dicey, lon fuller. Paradoxical as all actors of law are people. Goal is discretion of decision-makers should be constrained by general laws, set out. Decision-makers cannot act in an arbitrary fashion in advance. Aristotle (politics) and aquinas (summa theologiae) say if lawmakers are not narrowly constrained by general laws, they will be too easily deflected by personal feelings/self interest and will make unjust decisions. After learning the appellant was furnishing bail for jehovah"s witnesses, the respondent (attorney general and pm of qc) revoked the appellant"s liquor license. Appellant lost profits and goodwill from his business as a result.
