politics 2 Flashcards
evolutionary law
- older type of law - unconsciously created
legislation
-newer type of law - consciously created
caracteriscs of evolutionary law
- all humans communities have rules that are followed and enforced even if they are not written down
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- rules are a response of communities struggle to survive
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rules promoted external strong and internal cohesion
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often ascribed from divine origins
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even when writing was developed, the rules are written down - does not represent the creation of law but the recording of law
Common Law
- british version of the evolutionary law
caraterastics
- based on the vast sum of cases decided by the british courts -> each courts decision is a guide or a “precedent” for future cases
stare decisis
to stand by what had been decided
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- the use of precedent allows law the grow in a orderly and predicable way
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-by studying the last cases you get an idea of how the future cases will be decided
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-common law was not created but discovered
legislation
-newer type of law
consciously created
legislation
law
legislatures
body that makes the law ex: Parliament, Congress.National Assembly
legastors
indvs that serves in legislatures
2 type of legislation
statute
legal code
statute
a particular piece of legislation dealing with a specific issues
legal code
a comprehensive set of interrelated rules ex: Criminal Code of Canada, Civil Code
constitution
a set of fundamental rules by which a state is organized
4 things
- Establish the branch of govt and give them power & responsabilites (legislative, executive, judiciary)
-In a federal state, the constitution will divide the power between 2 order of govt (national & subnatinal gout.)
-May establish - right of citizens in relation with each other & the govt
-May contains a process by which it can be modified
