Definitions
Defined by Fairlie, this concept refers to a "system of enforceable rules that governs relationships between individual members of a society and between those members and society itself"
What is the Law
What is Roncarelli v Duplessis
St. Augustine famously said "an unjust law is no law at all," about this theory of law where human laws must conform to higher moral principle
What is the natural law
The drastic period of political, societal, and cultural changes in the 1960s in Quebec is known as what?
What is the quiet revolution
This is the title of the required Hutchinson textbook for this course
What is "Is eating people wrong? Great legal cases and how they shaped the world"
This area of law controls the relationship between the state and individuals
What is public law
This 1982 Canadian bill of rights exemplifies the rule of law and is a part of our constitution
What is the Canadian Charter of Rights and Freedoms?
This theory of justice discusses many of the principles of the rule of law
What is procedural fairness
This 1998 reference case deals with the fallout of the 1995 Quebec referendum
What is the Secession Reference (1998)
This province is having a referendum on 10 questions in the month of October, one of which is a question concerinng sovereignity
What is Alberta
This system of law is based on codified rules and statutes and is practiced in Quebec
What is the civil law
This section of the Charter allows federal or provincial legislatures to pass laws that operate notwithstanding specific rights in Sections 2 and 7 through 15
What is the s.33 - the notwithstanding clause
This theory of law asserts that the only valid source of law is the body of rules expressely enacted by a recognized sovereign or legitimate public institution, backed by state penalties regardless of moral content
What is legal posivitism
These two years saw referendums in sovereignty in Quebec
What is 1980 and 1995
Bill 21, the controversial, secular bill passed in Quebec in 2019, prohibits what category of employees from wearing religious symbols in Quebec
Who are civil service/public sectors employees
This area of private law concerns wrongs committed against a person or property or establishment
What is torts?
Unlike Section 33, this section of the Charter allows courts to uphold laws infringing on Charter rights, provided the government can prove the infringement is strictly necessary
What is s.1 - the reasonable limits clause
The flaws of this theory of justice are the following:
1) at a macro level dialogue may prolong conflict
2) at a micro level this theory of justice may retraumatize victims
3) this theory of justice may be unrealistic in large populations
What is restorative justice?
Who are the Parti Quebecois (PQ)?
What is 47 years old?
This Latin legal term is the governing rule requiring judges to follow past decisions when deciding matters before them
What is stare decisis
Unlike Section 33, this section of the Charter allows courts to uphold laws infringing on Charter rights, provided the government can prove the infringement is strictly necessary
This legal scholar discussed in lecture and seminar defined three core principles of the rule of law:
1. law must not trump arbitrary power
2. no one is above the law and courts must ensure everyone is equal before the law
3. personal rights and liberties must be protected by the courts
Who is A.V Dicey?
Aristotle defines this theory of justice as "the principle that restores a fair balance between individuals after a transaction has caused an unjust loss or gain"
What is corrective justice
In the 1998 secession reference, the SCC ruled that a clear majority on a clear question would create the legal obligations for Canada and the provinces to enter into these
What are constitutional negotiations
In Hutchinson Chapter 1, Hutchinson compares the "Great cases" to this kind of tower commonly found on coasts near water
What are lighthouses