POLS 3130 Chapter Notes - Chapter 11: Mootness
1 Dec 2014
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Jeremy bentham favoured parliament as the chief law maker: laws should be codified in legislation rather than precedents, legislation = more important source of legal rules in canada, with the rise of the administrative state (cid:224) delegated rule making and adjudicative powers to various administrative agencies, courts have a policy making role in non constitutional cases, courts perform a policy making function in overseeing decisions made by administrative tribunals. Constitutional cases: charter of rights in 1982 (cid:224) judges were given clear legal authority to declare laws to be in violation of the constitution or to provide other remedies for violations of rights, charter of rights have more potential to influence policies (cid:224) courts have the ability to declare that laws are unconstitutional even if those laws were passed within the proper jurisdiction according to fed prov powers, federalism decisions can influence policy indirectly by constraining government options and distributing power between the federal and provincial governments.
