The Pillars of Law.

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Presentation transcript:

The Pillars of Law

Where does the law come from? There are three main sources of law in Canada: Constitutional Law Statute Law Common Law

Constitutional Law It determines the law-making powers of the federal and provincial governments. It overrides all other laws. Ex: Freedom of speech

Statute Law Laws passed by elected representatives. It overrides common law. Ex: legal voting age

Common Law Also known as case law. It is based on decisions by judges in other cases. Ex: sentencing

Governmental Powers Each level of government – federal, provincial and municipal – can pass its own laws as well. Municipal bylaws in our area include: Closing times for public parks Smoking laws Littering laws

Organizing the Law Because the law has so much authority over everything in our lives, it has to be written down or codified in sections so we can understand it. Codifying laws means to write them down for everyone to understand.

International Law These are the laws that govern the relationships between independent nations such as Canada, the United States or England. Ex: trade laws, fishing rights in international waters.

Domestic Law break down

Domestic Law These laws govern the activity within a nation’s own borders. Domestic law is broken into two categories: Substantive Law Procedural Law

Substantive Law Defines the rights, duties and obligations of citizens and governments. Ex: Substantive law is simply the substance of the law – the dos and don’ts for people to follow.

Procedural Law Deals with the content of the law; it is the prescribed method of enforcing the rights, duties and obligations found in Substantive law. Ex: These are the procedures of law – how to deal with those who have broken the laws – it is about punishment and enforcement.

Public & Private Law Substantive Law can be broken down into two categories: Public Law Private Law

Public Law

Public Law Regulates the relationships between a government and its citizens. Includes: Constitutional Law Administrative Law Criminal Law

Private Law Deals with the legal relationships between individuals and organizations. Includes: Tort Law Wills & Estates Family Law Contracts Property Employment

Page 47 question 8 .

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