POLS 3130 Lecture Notes - Lecture 1: Supreme Court Act, Sovereign Democracy, Patriation
28 Nov 2016
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Law, politics, and judicial process pols*2350 week 1 notes (september 12th, 14th and 16th) Introduction to judicial process and the judicial branch. Rule of law: equity before and under the law. Law: body of rules, enacted and applied by public officials in a legitimate manner, backed by the force of the state. Law is political: courts have been asking to sort out highly controversial and political issues. Is same-sex marriage legal/constitutional: do individuals have the right to consent to euthanasia, can the federal government patriate the constitution without provincial consent, can quebec legally separate form canada. Source of law: written codes, legislation, constitutions; comprehensive. Legal reasoning: deductively applying principles from code to dispute; no precedent, usually no concurring/dissenting opinions, abstract review (removed from live dispute) Where is it used: continental europe, central and south america, quebec, scotland and louisiana. Source of law: judicial decisions (precedent), legislation, constitutions; organic.
