Unit 1 Overview Flashcards
Rule of law
Principle that all people and institutions are subject to law that is fairly applied through independent courts. Upholds predictability, fairness and equality.
Judicial independence
Principle that the judiciary should make decisions freely without pressure from other branches. Allows courts to interpret laws impartially.
Democracy
System of government by the people, either directly or through elected representatives. Canada is a representative democracy with free elections.
Intra vires
Referring to actions that are within the legal powers granted. A law that falls within the jurisdiction laid out in the constitution.
Ultra vires
Referring to actions that are beyond one’s legal powers. A law that exceeds the jurisdiction granted by the constitution would be ultra vires.
Positive law
Law that has been formally enacted by a legislative body, such as statutes, regulations, by-laws. Examples include the Criminal Code.
Natural law
Ethical principles said to be derived from nature rather than legislation. Often based on concepts like justice, fairness. Informed early criminal law.
Morgentaler
1988 SCC decision that struck down Canada’s abortion law as unconstitutional violating security of the person. Landmark case on women’s reproductive rights.
Lobby groups
Organizations that aim to influence political decisions and public policy through advocacy. Provide input but some argue they imbalance democratic process.
Royal commissions
Independent investigative bodies established by the government to inquire into important public matters. Make non-binding recommendations to address issues.
Exculpating factor
Evidence or a circumstance that would tend to absolve or prove innocence of the accused. Self-defense could be an exculpating factor.
Battered women’s syndrome
Psychological condition said to develop from prolonged abuse affecting perceptions of danger. Used in self-defense claims in some killing of abusive partners cases.
Feminist jurisprudence
Theory of law that analyzes legal concepts and gender inequality. Aims for non-sexist interpretation of laws to remedy imbalance of power between sexes.
Utilitarianism
Ethical theory that the morally right action is one that maximizes utility or happiness and minimizes harm. Informed some historic criminal law reforms.
Jeremy Bentham (1748-1832)
English philosopher, principal founder of utilitarianism. Claimed goal of law should be greatest good for greatest number. Argued for prison reform to rehabilitate.
