Textbook Chapter 2.docx

6 Pages
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Department
Management and Organizational Studies
Course Code
Management and Organizational Studies 2275A/B
Professor
Philip King

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Chapter 2 – The Canadian Legal System Introduction  Canadian Legal System Canadian Legal System Legislative Branch ExecutiveBranch Judical Branch (create law in the form (formulatesand (adjudicate裁定;宣判 of statutes and imlementsgovernment on disputes) regulations) policy and law) Government policy: the central ideas or principles that guide government in its work, including the kind of laws it passes  Constitutional Law:  the supreme law of Canada that constrains and controls how the branches of government exercise power  “the values of a nation”  these values are tied to liberalism  Define:a political philosophy that emphasizes individual freedom as its key organizing value The Canadian Constitution  Form  Legislative & Political  Written & Unwritten  Written: Constitution Act, 1867 – divides legislative power between federal and provincial govts Canadian Charter of Rights and Freedoms – identifies the rights and freedoms that are guaranteed in Canada  Unwritten Constitutional conventions – importance rules that are not enforceable by a court of law but that practically determine how a given power is exercised by govt The Legislative Branch of Government  Define: creates a form of law known as statute law or legislation  Statute Law: formal, written laws created or enacted by the legislative branch of government  Criminal Code of Canada – prohibits a variety of offences  Tobacco Act - provincial  Statute Law and Jurisdiction  Constitution Act, 1867 – each level of govt has the jurisdiction司法权 to pass laws within its proper authority or sphere  Section 91&92 Federal Provincial Municipal •interprovincial/international •hospitals •zoning都市的区域划分 trade and commerce •property and civil rights within •subdivision •trade as a whole the province (e.g., the •taxation for the benefit of the •postal code regulation of contracts) municipality •navigation and shipping •administration of justice (e.g., •licensing •currency the court system) •local matters (e.g., highway •national defence regulation) •criminal law •banking •incorporation of provincial •all legislative areas not given companies to the provinces The Consititution Act, 1867 (Law Marking Jurisdiction) Federal Govt Provincial Government Parliament Legislature立法机构 - House of Commons (Sc.92) - Senate (Sc 91) Municipal Govt Territorial Govt (Law-making jurisdiction - Limited self-govt provided by the provincial - subject to federal control legislature)  Municipal legislation takes the form of bylaws (Laws made by the municipal level of govt)  The law passed by different levels must comply with constitution act; otherwise it’s unconstitutional  Exclusive jurisdiction: jurisdiction that one level of government holds entirely on its own  Concurrent jurisdiction: jurisdiction that s shared between levels of govts  Public Health; Environment; etc  Paramountcy: A doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws – express contradiction  When one law is stricter than the other, comply with the stricter one The Executive Branch of Government  Formal executive  Define: the branch of govt responsible for the ceremonial features of govt  Governor general – the Queen’s federal representative  Lieutenant governor – the Queen’s provincial representative  Political executive  The branch of govt responsible for day-to-day operations, including formulating and executing govt policy, as well as administering all departments of govt  The level of govt that businesses typically lobby  Positions  Prime minister – chief executive of the federal govt  Premier – chief executive of provincial govt  Others: cabinet minister, civil servants, agencies, commi法院ions, tribunals made up all the ministers of various government department, including prime minister and premier The Judicial Branch of Government  Introduction  independent from the legislative and executive branches of govts; scrutinize them  adjudicates on dispute  is composed of judges who are appointed by both federal and provincial govts  Courts Dealing with Commercial Disputes Supreme Court of Canada Courts of Appeal Federal Court
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