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1000 - Class 6
Transcript of 1000 - Class 6
Posc 1000 - Intro to Political Science
1. Statute: particular piece of legislation (I.e. bill on food labeling)
Rules of conduct developed over time and enforceable
(written and unwritten)
Law that transcends the state and the will of the sovereign
Public Law: creates agencies of the state and controls the relations between the state and its subjects (constitution, criminal law)
Private Law: controls relations between individuals
2 systems of Private Law in Canada : Common Law and Civil Law (Quebec)
Types of Law
Parliament grants authority to other body:
Orders in Council: Formal decisions of the Prime Minister & Cabinet
Regulations: Rules created by a minister of a government department or by an independent agency
By-law: passed by local (or non-independent) government
Consciously formulated and deliberately constructed law (codified)
Civil Law: all law is codified
Common law: specific to abstract interpretation
Civil law: abstract to specific interpretation
In Canada, Common Law is practiced in all provinces except Quebec.
Civil versus Common Law
Habit gradually merges with custom as social forces come more into play
A purely personal rule of conduct OR repeated behaviour
Rights that all human beings are supposed to enjoy simply by virtue of being human
I.e. Freedom of religion, freedom from torture and arbitrary imprisonment
Considered “Natural” in some societies
An order in the universe that creates certain principles of conduct binding on all human beings, at all times, wherever they live
The sum of a vast number of cases decided by English courts since the Middle Ages (precedents)
Derives from custom
Rule of "stare decisis": to stand by what is decided, OR to follow precedent
The four “R”s
Enforcement of Law in Society
A rule of human conduct that is enforced by the community, by means of coercion and violence, if necessary
A rule or regularity
2. Code: comprehensive set of interrelated rules (Criminal Code)
Usually made by a representative assembly (I.e. Parliament in Canada)