POLS 3130 Lecture Notes - Lecture 5: Legal Positivism, Street Prostitution, The Globe And Mail
Document Summary
Pols 3130 law, poliics & judicial process. Week 8 courts, policy making and judicial impact. Increase midterm grade with a bonus short answer quesion. Tomorrow morning at 8 am will open and only open unil noon tomorrow. 1 quesion 5 marks and what will happen is he will take the score of the bonus quesion and swap your lowest short answer score. Ontario mushroom company case, 1977 pre charter. No consituionally entrenched rights no charter at this point. Federalism was only basis for declaring law unconsituional. Judges were limited to interpreing and applying law the text of the law and the framer"s intent of the law. Dunmore case, 1995 post-charter; has to do with labour rights. It was a reasonable limit and therefore what the government did was reasonable and jusiiable: interveners involved, social science evidence used, viewed as an acivist decision.