Law 2101 Chapter : Canadian Constitution - Textbook Notes

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Legal theorists like john austin (19th c. ) described law using the command. Theory law is understood as a command, backed by a sanction: gives too broad of a definition of law. It is also too narrow it identifies some law, but not all law. not all laws are commands ex: enabling laws do not command anyone, and there are no sanctions (marriage, entering contracts, writing a will, etc. ) Law has 4 primary functions: (1) guiding behaviour. Aquinas definition of law in the 13th c. : law is an ordinance of reason for the common good of a community, promulgated by the person or body responsible for looking after the community . Constitutionalism is the idea that the powers of government ought to be limited, and limited by law. The actions of a limited government must be evaluated against the constitution. To the extent that a limited government s actions are inconsistent with the.

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