Law 2101 Lecture Notes - Lecture 1: Ratio Decidendi, Public Law, Indecent Exposure
20 Sep 2016
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The publicly prescribed rules that we must follow, failing which we may suffer some adverse consequence. Statues broad and broadly applicable rules passed by legislatures: highly diverse, can be enacted in anticipation of future events parliament can proactively create statutes, passed by governments. Common law / case law court rules, based on decisions resolving particular disputes: each decision determines the law as it applies to that dispute and in theory helps determine the law applicable to other similar matters. Based on stare decisis idea that like cases should be decided alike. Court decisions guide the determination of future similar matters by court. Constitution supreme law of the country, to which all other laws must conform: very broad statements of general principle that are given concrete applications by the courts. Provincial governments - laws apply only within provinces: authorized to make laws, respecting matters assigned to it by the constitution act, 1867.
