Describe the function of secondary rules in harts account

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Assignment:

1. What do you think E.P. Thompson meant when he wrote that the Rule of Law is "an unqualified human good"?

2. Which explanation of law's relation to morality do you find more convincing: natural law theory or legal positivism? Why?

3. According to H.L.A. Hart, a legal system is the union of primary rules and secondary rules. Describe the function of secondary rules in Hart's account.

4. Under what circumstances might a judge in a common law jurisdiction depart from the doctrines of precedent and stare decisis to distinguish a case?

5. What does it mean to say that Aboriginal rights and Aboriginal title are sui generis?

6. Québec is unique among civil law jurisdictions around the world in that its civil code does not include criminal law. How did this come to be the case?

7. In References re Greenhouse Gas Pollution Pricing Act, the Supreme Court of Canada held that a federal law requiring all provinces to charge a minimum tax on greenhouse gas emissions was a valid exercise of Parliament's power to legislate for the "Peace, Order, and Good Government" of Canada. Briefly describe the Court's reasons for deciding as it did.

8. How has the Supreme Court of Canada defined judicial independence? (Your answer should refer to Valente v. The Queen and/or the Reference re Remuneration of Judges.)

9. Why does Hugh Segal believe we need a "reality check" about the origins of the Canadian Charter of Rights and Freedoms?

10. Describe the "Oakes test".

Reference no: EM133294123

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