PHIL 2050 Study Guide - Final Guide: Postmodern Feminism, Socialist Feminism, Radical Feminism
15 Apr 2014
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There are six types of court cases: civil: individual vs. International: states vs. states and sometimes international society vs. Individual: review: courts review law for constitutionality, reference: courts are asked to offer an opinion on the constitutionality of proposed law. Difference between constitutional law and convention: constitutional law: recognized and enforced by the courts; written rules and judicial precedents; violation results in legal consequences, constitutional convention: not enforced by the courts; unwritten rules; violation results in political consequences. R v. manitoba rights language rights: s. 23 of the manitoba act states that all acts of legislation must be published in both. It offers a pedigree theory of rules: the set of rules exhausts the law; in hard cases judges must exercise discretion. c) To be under a legal obligation is to be subject to a rule. In some cases the rules of law run out because they are indeterminate.
