Flashcard: Foundations of Legal Principles and Systems — 18 carte

Rule of Law — definition?

All are subject to law, enforced fairly.

Sources of Law — types?

Statutes, common law, customary law.

Legal Positivism — key idea?

Law's validity depends on proper creation, not morality.

Natural Law — core concept?

Laws should reflect inherent moral principles.

Precedent — principle?

Courts follow previous decisions for consistency.

Constitutional Supremacy — meaning?

Constitution is the highest law, all laws must conform.

Division of Powers — in federalism?

Authority shared between federal and provincial governments.

Charter of Rights — purpose?

Guarantees fundamental rights and freedoms.

Amendment Procedures — involve?

Multiple levels, specific criteria for constitutional change.

Judicial Review — role?

Courts assess laws' constitutionality.

Fundamental Freedoms — examples?

Expression, religion, assembly, association.

Legal Rights — include?

Fair trial, legal protections.

Equality Rights — aim?

Prohibit discrimination, ensure equal treatment.

Limitations Clause — section?

Section 1; rights can be reasonably limited.

Notwithstanding Clause — section?

Section 33; override certain Charter rights temporarily.

Trial Court — function?

Initial fact-finding and case hearing.

Appellate Court — role?

Review legal errors in lower court decisions.

Supreme Court — position?

Final authority on constitutional issues.