POLS 3130 Lecture Notes - Lecture 29: Alternative Dispute Resolution, Constitution Act, 1982, Padlock Law

• School: University of Guelph
• Department: Political Science
• Course: POLS 3130
• Professor: Ajay Sharma

Document Summary

Theories of law: natural law, realism, positivism. Notable cases: roncarelli v. duplessis, 1959, padlock law. Parliamentary supremacy: the glorious revolution, 1648, laws made by parliament would override any judge made law on the same subject, persecution of catholics. Case law (judge made law, common law); legislation; Finding legal principles from previous examples - does the present case resemble the previous case(s) sufficiently" in the relevant" aspects? (using precedent) Deductively applying principles in code to dispute before the court. Division of powers: sections 91 and 92 of the constitution act, 1982. Charter of rights and freedoms: added in 1982. Predictability (equal treatment, judge follows rules) rule of law law can become stagnant. Comparison to united states: no mixed courts in the us where both levels of government have involvement in administration/ appointment. Principle of standing: nova scotia board of censors v. mcneil (1976, borowski (1981, canadian council of churches (1992)