LAWS 1000 Lecture Notes - Lecture 7: Constitution Act, 1982, Law, Indian Act
26 Nov 2015
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Law making: the influence of public opinion and social forces. To understand the impact of public opinion/activism/scholarly reports on legislation activities through the prism of aboriginal rights. To understand the difference between the: power of the legislature to make laws, constitutional check on law making (s. 35), the need of justification by courts, especially the principle of precedents . The logic and values guiding the principle of precedents : tension between continuity and innovation society needs a great deal of predictability in order to keep functioning. Purpose of law is to protect members of society from social harm. Lawmaking is the restatement of some custom and values (i. e. normative order) Notions of right and wrong infusing law making. Law making is the result of the presence of an enterprising individual or group, committed to moral enterprise. The example of the historical discouragement of interracial marriages in canada, see vago and nelson p. 109.
