COMM 381 Lecture Notes - Lecture 2: Liquidated Damages, Judicial Misconduct, Supreme Court Of Canada
4 Apr 2015
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Positivists: law is what the sovereign says it is law has nothing to do with morality (austin) The approach of a realist? (pessimist?: natural legal theorists: law is about some overarching sense of morality, apparently handed down to society by a deity law is morality (locke) ): that which is laid down, ordained or established. Is enforceable through a recognizable means; and. Rule of law nobody is above the law. 7 sources of law at work in canada, or influential to canadian business: the constitution. Which level of government will regulate? in (ss. Corporate actors generally do not enjoy charter rights and freedoms: statutory law, common law. Statutes are laws passed by parliament, a provincial legislature or municipal council (the latter typically referred to as by-laws) Subordinate legislation enjoys the clout of enacted statutes, though created by an appointed, rather than elected, government body: must be created pursuant to a duly enacted statute.
