Law 2101 Study Guide - Midterm Guide: Prima Facie, Crown Attorney, United Nations Security Council Resolution 1267
7 Apr 2016
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Intro to legal system what is law- the publicly prescribed rules that we must follow, failing may sufer adverse consequences, a relection of common values of society, the process by which disputes are resolved. Provincial governments- laws only apply within the province, authorized to make laws respecting matters assigned to it by the constitution act 1867. Municipal governments- laws only apply within the municipality, authorized to make laws only respecting matters assigned to it by provincial government. R=the crown jones= accused (appeal) smith v. jones. Functions of law- demand to be a matter of law, there has to be authority. Laws can be used for the provision of services and distribution of goods. Command theory-law is an ordinance of reason for the common good of the community promulgated for the person or group responsible for looking after the community. Law is not arbitrary, used to benefit all. Constitutionalism-principle that the power of government ought to be limited by law.
