PO209 Lecture Notes - Lecture 2: Leading, Precedent
Document Summary
The bna act establishes a division of responsibilities between the federal government and provincial government. Legal system is based on english common law. Strong traditional reliance on judge-made law as a method of resolving disputes. Quebec provincial law is based on the french civil. Based on statutory codification of the legal principles that are to be used to resolve disputes. Sometimes the purpose of enacting a law is to modify a pre-existing law (i. e. workers compensation legislation) In common law, many foundational legal principles that govern daily life are creations of the common law. Stare decisis was developed because consistency and predictability was important. "stare decisis et non quieta movera" means "to stand by what is decided and not disturb settled matters" Judges are not bound to follow the same reasoning as others but decisions establish a precedent on how to apply the law to a case.
