POLI 4023 Chapter : POLI 4023 1 CL
Document Summary
Ways the law promotes certainty: precedents: decisions in previous cases that guide future decisions, stare decisis: let the decision stand. Divine right of kings: law comes from god and kings, the lawmakers receive their authority from god: enlightenment. Natural law: lawmakers receive their authority from the governed and the governed possess inalienable rights. If the government fails to protect those rights, the governed have the right to abolish it. Majority rule: the majority of the people select the government. Positive law: the belief that the law should reflect the will of the majority. Substantive v. procedural law: substantive law: content and substance of the law, procedural law: how the law is implemented, due process: 5th and 14th amendments guarantee of procedural fairness. Code law: a body of laws enacted by the national government (usually parliament: very detailed, arranged systematically and comprehensively cover all aspects of the law, most european countries.
