POLS 3130 Lecture Notes - Lecture 3: Indictable Offence, Brothel, Mootness
2 Jul 2016
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Document Summary
Access to courts: conservative: strict rules of standing, the role of courts is to resolve disputes, high barriers for access. Disputes in these courts are narrowly defined: dealing with real concrete cases, bipolar, role of the judge is a referee, adjudicative facts. Concerned with the facts of the case. Modes of reasoning: incremental and limited recreation of new rules/laws, deference to legislatures. Limited social change since this model is conservative: slow social change, we"re relying on elected officials to protect minorities. This model is an expensive system: things aren"t dealt with outside of court, it"s done in court where everything is very expensive. Creates clear winners and losers: judges will always have to decide for one party or another, sometimes it"s better to have a compromise, requires effective council. Access to courts: liberal: low barriers for access, these courts encourage participation, accept more issues than the adjudicative model.
