Political Science 2230E Lecture Notes - Lecture 2: John Mcclung, Financial Independence, Implied Consent

• School: Western University
• Department: Political Science
• Course: Political Science 2230E
• Professor: Cameron Anderson

Document Summary

Judiciary - formal impartial authoritative judgments to resolve disputes between two parties who cannot resolve the issue otherwise. Judges decided who is right according to law -- apply laws to resolve the issue. Politicians are supposed to be lawmakers, consent of the governed to create laws. Judges are unelected and unaccountable to the people, in liberal democratic society therefore judge should not make the law, just apply. Common law - judge made law - involves legal process to make decisions. We do(cid:374)"t ha(cid:448)e statute to (cid:272)o(cid:448)er e(cid:448)er(cid:455) si(cid:374)gle dispute. In canada, a lot of common law which covers criminal and contract law. Basic principles of contract law are not in any statutes in canada. Precedent: common law work on basis of precedent - idea that when judges create legal principle, binds future decisions for consistency. Courts of appeal - precedents in different provinces do not have to obey each other.