POLI 212 Lecture Notes - Lecture 12: Ultra Vires, Constitution, Federal Constitutional Court
11 Feb 2017
School
Department
Course
Professor
Document Summary
Law is a body of codes that apply equally to all citizens. Judges actively participate in seeking evidence, examine witnesses. Origin in roman law (justinian code c. 528 ce) Making of law and enforcement of law are split. Common law: judges are enforcers and makers of law. Canada, us, australian supreme courts may declare legislation ultra vires = emanates from their federal system. Prior to 2009, judicial committee of the privy council. Today, uk supreme court: highest civil court in uk, highest criminal court in england, wales, n. ireland, cannot overturn primary legislation but may overturn secondary legislation, human rights: declaration of incompatibility. Only parliament has power to change the law, voters can change parliament. Strong democratic political culture underpins the system and acts as a check on the abuse of parliamentarian power. Divided into civil law and criminal law up the hierarchy.
