POL340Y5 Lecture Notes - Lecture 6: Jus Sanguinis, Sui Generis, Indian Act
6 Jun 2015
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International and domestic law & citizenship + nationality. For this question we"re not talking about how domestic law affects international courts but the opposite -- how do domestic courts incorporate/not incorporate international law into their decisions. Most common system is civil code; idea is that you have a series of laws written down; these laws come from a law-giver. Oldest surviving example is code of hammurabi; goes back 4k years from about 1800. Emperor justinian in rome -- 6th century ad. There are other systems of law -- socialist, sharia -- strictly speaking they"re not quite examples of civil code systems. There is not separation between political executive and the courtsbut they share a lot of similarities. Legal code designed to guide judges -- a deductive legal code (top down); court applies those legal principles to specific situations. Common law -- anywhere the british empire was.
