Chp 1 - Law - Its Purpose and History

7/25/2019 Chp 1 - Law - Its Purpose and History

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90Law: Its Purpose and History

Chapter 1



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What is Law?

Laws are essentially a set of rules, butthere are 3 main characteristics that

make laws different from simple rules:

1. Laws are a set of rules established and

enforced by government.

. Laws are mandatory.

3. Laws involve conse!uences.



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Functions of Law

Laws"

i# $stablish rules of conduct

ii# %rovide a system of enforcementiii# %rotect rights and freedoms

iv# %rotect society

v# &esolve 'isputes



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Divisions of Law

(n )anada, the law is divided into two basictypes: substantive and procedural.

ubstantive Law: laws that outline a

person*s rights and responsibilities+ further divided into Public and Private Law.

Procedural Law: legal processes that

protect and enforce our rights.



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Public Law

here are 3 types of public law:

1! Cri"inal Law: outlines offences

against society and their punishments.

#! Constitutional Law: outlines the

structure and powers of governments.

$! %d"inistrative Law: outlines the

relationship between citi-ens andgovernment agencies.



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Private Law

lso known as Civil Law+ there are / types:

1! &ort Law: a person is held responsible fordamage caused to another+ tort is Latin fora wrong.

#! Fa"ily Law: deals with the variousrelationships of family life e.g. marriage#

$! Contract Law: outlines re!uirements forlegally binding agreements.

'! Property Law: outlines relationship betweenindividuals and property.

(! Labour Law: outlines relationship betweenemployers and employees.



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)arly History of Law

•

(n ancient societies, local customs andbeliefs made up the law.

• )ustoms were not written down and

instead were passed on by word of

mouth.

• s populations increased, laws became

more comple2 and codification became

necessary.• Codification: a written collection of laws.



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)volution of Law

•

)ode of ammurabi, c. 14/0 5)$: 6 7ne of the earliest records of written law.

6 8ing ammurabi of 5abylon codified nearly 300 laws

in columns of stone.

• osaic Law, c. 10 5)$:

6 5ased on the en )ommandments.

6 5ible states that oses received these laws from ;od

on two stone tablets.

• <ustinian )ode, c. //0 )$

6 5y-antine $mperor <ustinian codified 1000 years of&oman laws.

6 =irst legal code that emphasi-ed e*uality under the

law!



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)volution of Law contd+

•

agna )arta, 11/: 6 $nglish noblemen forced 8ing <ohn to sign

this document that established the rule of

law , that all people, including the king, had

to obey the same laws+ no one was above thelaw.

• >apoleonic )ode, 1?0:

6 new set of civil laws for =rench people.

6 5ecame the model for most of $urope. 6 lso referred to as the =rench )ivil )ode.



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Feudalis"

•

(n 10@@, 8ing Ailliam of $nglandintroduced a feudal syste".

• Bnder this system, the king owned all ofthe land and divided most of it among his

lords or noble"en.• he Lords had their own servants, or

vassals.

• (f a vassal broke the law, their Lord could

punish them however they saw fit.• %unishments were inconsistent and

unfair.



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Co""on Law

•

8ing Ailliam appointed Cudges to travelthroughout $ngland and decide cases.

• )ases with similar facts were decided in

the same way.

• (f a Cudge issued a verdict in a new case,

that decision became the standard for

similar future cases D precedent.

•

he system of law based on past legaldecisions is known as co""on law or

case law.



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-ule of Law

•

his legal principle was recogni-ed in thesigning of the agna )arta of 11/.

• he rule of law states that the law

applies e!ually to all persons.

• he agna )arta also introduced the writ

of habeas corpus 6 a document that is

used to determine whether or not

someone is being legally detained.



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-i.hts / -evolutions

•

(n the 1?th

century, two significantrevolutions took place that contributed to

the development of human rights.

10 %"erican -evolution 122(

• B.E. broke away from 5ritish rule and

issued the Declaration of Independence

in 144@.

•

(n 1491, the U.S. Bill of Rights was addedto the merican )onstitution, which is still

their basis of civil rights and freedoms.



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-i.hts / -evolutions contd+

#0 French -evolution 1234• (nfluenced by the ideas of liberty and

equality in the merican &evolution, the

=rench rose up against their king to end

feudalis".• 5ational %sse"bly was set up with

members who were elected by citi-ens.

•

he concept of 6nation,states6 came outof these revolutions.



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7niversal Declaration of -i.hts

•

'uring Aorld Aar ((, numerous humanrights atrocities were committed.

• (n 19/, shortly after the war ended, the

United Nations (UN) was formed.

• UN o!!ission on "u!an Rights

produced a list of human rights and

freedoms for all people in the 7niversal

Declaration of Hu"an -i.hts 87DH-0.



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7DH- , )9cerpts

Eome of the rights in the Bniversal'eclaration of uman &ights:

6 ll human beings are born free and e!ual in

dignity and rights.

6 $veryone has the right to life, liberty, andsecurity of the person.

6 >o one shall be subCected to arbitrary arrest,

detention, or e2ile.

6 $veryone has the right to freedom of thought,conscience, and religion.

6 $veryone has the right to freedom of opinion

and e2pression.



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Canadian ill of -i.hts

•

(n 19@0, %rime inister <ohn'iefenbaker*s government passed the

anadian Bill of Rights.

• Eimilar to the UD"R , the Bill of Rights

codified many civil rights and freedomsthat had been established over many

years under co""on law in )anada.

•

=or the first time, )anadians had a list ofrights and freedoms to refer to.



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ill of -i.hts , )9cerpts

Eome of the rights in the Bill of Rights: 6 =reedom of religion, speech, assembly and

association, and the press.

6 he right not to be arbitrarily detained, imprisoned, or

e2iled.

6 he right not to receive cruel and unusual treatment orpunishment.

6 he right to be informed promptly of the reason for

arrest.

6 he right to be presumed innocent until proven guilty.

6 he right to a fair hearing.

6 he right to e!uality before the law and its protection.



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Constitutional Protection

•

Bill of Rights had two main limitations:1. (t only applied to federal matters.

. (t could be changed at any time by%arliament since it was a statute.

•

(n 19?, %rime inister %ierre rudeauintroduced the anadian harter ofRights and #reedo!s into the)onstitution.

•

5ecause the harter was a part of ourconstitution, it applied to every level ofgovernment and could only be changedif an a"endin. for"ula was followed.



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Canada;s Constitution , History

• )anada become an independent country from5ritain on <uly 1, 1?@4.

• 7ur first constitution was the British North $!erica (BN$) $ct , 1?@4.

• 5ritain still controlled our foreign affairs and we

needed their permission to change theconstitution.

• he Etatute of Aestminster, 1931, gave )anadacontrol of its own foreign affairs.

•

(n 19?, rudeau and the premiers e2cept forFuebec# patriated the constitution andintroduced the harter . his gave )anadacomplete control of our affairs as a nation.



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Division of Powers

•

he onstitution $ct% &'% e2plains thespecific powers that our levels of

government have as well as what they

are responsible for.

• 7ur levels of government are federal,provincial, and "unicipal which falls

under provincial in the constitution#.

•

ections 41 and 4# of the onstitution $ct provide each level of government with

<urisdiction D power and authority to

make laws and pass regulations.



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ection 41 = Federal Powers

•

%eace, order, and good government• )riminal law

• Bnemployment insurance

• 5anking, currency, and coinage

• =ederal penitentiaries

• arriage and divorce

• %ostal services

• boriginal peoples and lands



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ection 4# = Provincial Powers

•

%roperty and civil rights• arriage ceremonies

• %olice forces and provincial courts

• ighways and roads

• %rovincial Cails

• ospitals



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Federal Laws

•

=ederal bills, or laws, are passed by%arliament, which consists of 3 parts:1. ouse of )ommons

. Eenate

3. ;overnor ;eneral Fueen*s representative#

6 $ach ember of %arliament %# is

elected to represent 1 of 30? ridings or

electoral districts in )anada.

6 he political party that wins the mostseats forms the government and

passes laws.



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Federal ranches

• here are 3 federal branches of government

that pass laws, interpret them, and ensure

they are carried out:

1. $2ecutive

G ;overnor ;eneral

G %rime inister

G )abinet

G )ivil Eervice

. Legislative

G ouse of )ommons

G Eenate

3. <udiciary

G <udges



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How a ill eco"es Law

•

7verview of how a bill is passed into law: 6 =irst &eading

G 5ill is introduced

6 Eecond &eading

G 5ill is debated in ouse of )ommons 6 )ommittee Etage

G 5ill is studied, revised, or changed

6 hird &eading

G =urther debate on the amended billG Hote in the ouse of )ommons

6 Eenate similar process: 3 readings, vote#

6 &oyal ssent governor general signs bill into law#



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Provincial / >unicipal Laws

Provincial• he process to pass provincial laws is similar to

federal laws.

6 'ifferences: no Eenate+ Fueen*s

representative at the provincial level is thelieutenantDgovernor who signs bills into law.

>unicipal

• unicipal laws are called bylaws.

• $lected councils mayor and city councillors#

debate and vote on bylaws. (f the vote passes,

the bylaw is enacted.

Documents

Chp 1 - Law - Its Purpose and History