POLS 1400 Lecture Notes - Lecture 9: Constitution Act, 1982, Canadian Human Rights Act, Precedent
26 Oct 2016
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Law and the courts: law - a rule of conduct or procedure established by custom, agreement, or authority, co(cid:374)stitutio(cid:374)al la(cid:449) (cid:862)deals (cid:449)ith the rules, pra(cid:272)ti(cid:272)es, a(cid:374)d i(cid:374)stitutio(cid:374)s (cid:449)hi(cid:272)h (cid:272)o(cid:374)stitute the state. (cid:863) Created in england, judges decide cases based on established rule and ethics. They look at similar cases that have already established a decision or procedure that these cases had. Judges apply codes, but the codes are created through legislation. Not based on previous cases, but based on civil based codes that have been established by either federal or provincial codes. The only province to practice this is quebec, as it originated in the french colonies way back when. It had a heavier focus on individual rights. Almost implemented in ontario as one primer believed that muslims should have access to this as an alternative. Other people argued against this as they believed religion and politics should not be mixed.
