Rule of law mid-term Flashcards
Canadian political structure:
1. relevance to the criminal justice system (CJS)
Canadian political structure:
2. Democracy
Canadian political structure:
2. Democracy
- Political pluralism
-Transparency
-Popular participation
-Rule of law
-Accountability
-center of power independent from government
-Info available on gov. activity
-citizens vote + run for office
-Set of laws known by all and applies to all
-responsibility to citizens and state intuitions (courts)
- Democracy
Rule of law:
- set of laws applies to everyone
-constitution: key document part of law in Canada
it limits gorv. power, grant rights citizens
relies on a judiciary
- Democracy
Accountability:
-ability to check + charge gov.
Canadian political structure:
3.Parliamentary system.
origins + separation of powers
Western origins
separation of powers
- Executive (prime minister…)
- Legislative (write the laws)
- Judiciary (courts)
3 levels of courts:
From more to less power
1.supreme courts of canada
2. Appeal court QC
3. Municipal courts
Canadian political structure:
4. Level of government (power distribution)
-Federal
-provincial
-municipal
state:
-key institution in politics +enacts laws
-keep boarders safe
-keep monopoly of violence
- has gov. + establishes courts
Canadian political structure:
5. Multicultural state
Recognition of all cultures in Canada
types of justice (3):
- Justice as welfare
- Justice justcie of freedom
- Justice as virtue
types of justice:
-justice as welfare (utilitarian)
what welfare +utility = measure
welfare= prosperity/ utility
utility is a mesure of Well-being
types of justice:
-justice as welfare (utilitarian)
school of utilitarian ()
- maximize pleasure + minimize pain
-Consequentialist (care about end results not how you got there) - Principle of utility: greatest happiness for greatest number of people
-Quatification
types of justice:
Justice of freedom what it is + 3 schools
Fundamental right to freedom
respect of freedom is paramount
1.School of livertarians
2. School of john Rawls
3. School of Emmanuel Kant
types of justice:
Justice of freedom
school of libertarians (3)
- minimum state intervention
- self-ownership - no notion of equality
- Free market
types of justice:
Justice of freedom
School of Rawl (4)
- Fair opportunity
- Freedom
- Protection of minorities
- egalitarian
types of justice:
Justice of freedom
School of Kant (3)
- Truth = categorical imperative
- Not let circumstances change mind
- universal human rights
types of justice:
Justice as virtue (2)
aristotle
- encourage desireable values to live a good life.
teleological : what is the purpose of things like grades?
Fondations:
-rule of law (4 aspects)
necessaryfor what?
timely?
unrestricted power
known?
1.law necessary to keep peaceful order
2. known and applied to all equally
4. justice delivered timely + independently
5 no one have unrestricted power= protect minorities rights
Fondations:
-history
1. english magna 1
2. glorious revolution 2
3.Canadian constitution 3
- 1215 - origin rule of law
- no one above the law - established parliament as ruling power+ bill of power
- primary law of Canada, guarantees rights
Fondations:
-the law (5)
fondations what?
balance…
prevent…
carry out..
protect
- Foundational to enact key values (rule of law, freedom, democratic principles…)
- Balance rights + responsibilities (freedom speech/movement,voting…)
- Prevent arbitrariness + chaos (settle disputes, safety and peace…)
4.Carry out social policy (code du travail, unemployment benefits…)
5.Protect individuals freedom + equality
The law:
Historical developments:
(4)
- code of hammurabi
- Mosaic law
- Greek law
- Roman law
The law:
Historical developments:
- code of hammurabi (3)
-codified of stones
-retributive sentences: punishment rather than reparation
-inequality btw individuals
The law:
Historical developments:
Mosaic law (2)
-10 commandments
-restitutive sentences: idea of paying back to victim/restoring
The law:
Historical developments:
Greek law (1)
-Intro of jury to determine guilt/innocence
The law:
Historical developments:
Roman law (3)
- Jurisprudence: law/decisions recorded for consistency
- teams of judges
-apperance legal experts (lawyers)
Legal traditions:
-Bijural country
under 2 different systems during history
Legal traditions:
-Common law (4)
made by…
(jurisprudence)
hierarchy
crimcrim
1.judge-made laws
2.state decisis: future decisions based on precedents decision (jurisprudence)
3.hierarchy of courts: higher courts ruling carry more weights
4. criminal law Canada= common law
Legal traditions:
-Civil law (2)
…laws
first, second
- Written laws
- Civils codes first, then jurisprudence
Types of laws:
2
public
private
Types of law
-Public
1. Constitution law (2)
-relation btw branches of gov.
-limits gov. power (chart of rights…)
Types of laws:
-definition
-Public (3)
- set of rules for relationships btw individual + society.
1. constitution law
2. criminal law
3. Administrative law
Types of law
-Public
2. Criminal law (2)
-crime is understood as wrong against society
-deal with crimes+punishments
Types of law
-Public
3. Administrative law (1)
-deals with actions/operation of government (taxes, permits…)
Types of law
-Private (2)
also called civil law
- sets rules of conduct btw persons (family law, property law, contract law…)
- settles disputes btw individuals
Criminal law:
Functions (4)
1.mechanism of social control
2. Determines acceptable behaviour (norm settings)
3. Reducing risk of personal retaliation :take justice their own hands
4. deterrence :discouraging people from committing crimes
Criminal law:
Principles (2)
- presumption of innocence
- components of crime
-actus reus
-mens rea
concurrence
Criminal law:
Components of a crime
-Actus reus (4)
posc
-Physical act
-omission to act
-state of being: in your possession (like possessing drugs)
-circumstances important
Criminal law:
Components of a crime
-Mens Rea (4)
-necessary state of mind
1. intentional
2. wilful blindness (blindfulling yourself)
3. criminal negligence (what reasonable person should have known)
4.reckless behavior (when person know its dangerous, does it anyway)
Criminal law:
Components of a crime
-concurrence
need for both mens rea and actus reus to be present for a crime to be considered
Criminal law:
Burden of proof (3)
-The crown must prove the accused guilty beyond reasonable doubt
-defence raises doubts
-balance of probabilities
