This assignment entails a discussion on Communities and Public Law. There is also a description of Role of Supreme Court of Canada. In your own words, describe the central characteristics of the “Common Law?” How does it function?
Communities and Public Law – Role of Supreme Court of Canada
Communities and Public Law
Short Answers:
Optimal Response: 3-4 paragraphs for each question (students will be evaluated on their capacity to be as clear and specific as possible ~ using specific examples where necessary)
1) Law and Categories of Law (Chapter 2)
A) In your own words, describe the central characteristics of the “Common Law?” How does it function? How does the common law relate to other forms of law in Canada? (e.g. Statute Laws and Constitutional Laws)
Communities and Public Law – Role of Supreme Court of Canada
Answer- Apart from Quebec, the Canadian federal and provincial legal system follows the tradition of the English common law. The characteristic that makes the common law distinct from other laws is that it has no codified set of rules on a legal document, but instead relies on the accumulation of judicial precedents. In case of a dispute between two parties and/or ambiguity in certain laws, judges render decisions that clarifies law. Future judges then rely on previous decisions made from cases that are similar to the case in hand, to make impartial judgments. This entire process – particularly when applied by lower/provincial courts- is called stare decisis. The flow of precedents is from top (SCC) to bottom (provincial courts). When a case has no binding precedent, a new precedent can be created.
Another key characteristic of common law is the adversarial system. In this system, lawyers representing each side are allowed to argue; a judge – making little to no interference- acts as a referee that chooses which side is legally right, and consequently making decisions.
2) The Judiciary (Chapter 5- pg:110…)
B) What role does the Supreme Court of Canada play in the Canadian Court System (hierarchy of the courts/flow of precedent)? What role does the SCC play in ensuring that the laws and activities of government are legitimate ones?
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