Ch. 2 Flashcards
What is the Magna Carta?
- “greater charter (1215)”
- first document in English jurisprudence to state the monarch was NOT above the law
- became the basis for freedom, democracy and the rule of law in the UK and the commonwealth, including Canada
What is the the rule of law
- the idea that no one is above the law, and that includes government
- has roots in Magna Carta
Factors of the rule of law
- The government enacts law in an open and transparent manner
- The law is clear and known, and it is applied equally to everyone
- The law will govern the actions of both government and private persons, and their relationship to each other
- The courts will apply the law independently of political or outside influence
What is considered domestic law?
- federal, provincial, municipal
- private and public laws
- substantive and procedural laws*
What is considered international law?
- united nations (UN)
- treaties
What is Substantive justice?
- truthfulness of allegations, accuracy of verdict, and appropriateness of sentence
Ex. Innocent person found guilty
What is procedural justice?
- rights of an individual upheld through fair procedures
Ex. Person may be guilty, but if unfair procedures were used conviction is unjust
What are statues?
- Accorded dominance as a source of legal form because of the longstanding tradition of British parliamentary
- also known as enacted law
How are statues/legislations made
- introduces a bill to either House of Commons or the legislative assembly (first reading)
- passed to second reading without debate
- gov often decides not to proceed here
- IF there is a second reading, the minister who proposed the law sets out a purpose, followed by a full debate
- Bill is sent to a committee of the house or assembly
What is the charter composed of
Two general categories related to criminal law
- Investigation of crime
- Criminal trial process
Criminal trial process 1 (if charged)
Everyone has the rights to
- be informed without unreasonable delay of the offence
- to a trial within a reasonable time
- not be compelled to testify at own proceedings
- not to be denied reasonable bail
Criminal trial process 2
Everyone has the right o
- life, liberty and security not to be deprives of the principles of fundamental justice
- against cruel and unusual punishment
- not to have evidence given in on trial used against them in their own/another trial
- every individual is equal before and under the law
Case laws
- is the law established by decisions in specific court cases
- subsequent courts turn to them decisions know as judicial precedents
Judicial precedents problems
- Danger when meshing current situations with pre-existing case law, courts and counsel may take illogical distinctions
- The ability of a court, particularly the Supreme Court of Canada
Types of case laws
- error of law
- error of fact
- appeals: convict and sentencing
