Law 2101 Lecture Notes - Lecture 2: Liberal Democracy, Constitutionalism, Perforce Software
Document Summary
The idea that powers of government ought to be limited, and limited by law. Whenever a province passes a law that deals with a matter that is actually within the jurisdiction of the federal government (vice versa), the law is invalid. Constitutionalism is not solely about the role of courts in a constitutional democracy. It is a principle of political morality is respected by government when they seek to understand and adhere to limits on them set out in the constitution. Its goal is that the discretion of decision makers should be constrained by general laws, set out in advance, Rulers must not be free to act arbitrarily or maliciously. The law must apply to everyone alike. Eight features of the ideal of the rule of law. Rules must be prospective and not retroactive. Laws must apply to future, not past events. Rules must be capable of being complied with. People have to access to what the law actually says.
