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15 Cards in this Set

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  • Back
what is a Judicial Review
(1) Grounds for challenging a STATUTE

(2) Grounds for challenging ACTIONS
what are the grounds for challenging a statute?
1) not in 91/92 jurisdiction

2)violation of charter
what are the grounds for challenging actions?
1) violation of charter

2)not within powers granted by statute

3)natural justice
what power for National Dimension or national concern.
belongs to federal power
Moral perspective has three Moral theories what are they?
Natural law
Kantianism
Utilitarianism
what is natural law?
very old, aristotle, Aquinas, etc
ability to sense "the good"
protect and promote human flourishing
what is "Kantianism"?
consider actions, not consequences to determine what is right to do.

persons must be treated as ends and nver as means solely
basis of modern human rights
Utilitarianism
consider the consequences,
"the greatest good for the greatest number"

Cost benefit analysis (CBA) is a form of utilitarianism
what are 4 other disciplines that law is influenced by?
1)Moral
2)Economical
3)Political
4)Scientific
list the four 4 forms of justice?
Corrective
Distributive
retributive
Procedural
corrective justice
basis of law of torts & contract law
distributive justice
fairneess in allocation of things
partial basis of human rights
retributive justice
the punishment should fit the crime
fairness in sentencing
procedural justice
fairness in decision ,making
basis of criminal & civil legal procedure
what are some of the science policy disputes?
purely factural
purely policy
trans-scientific
data incompleteness
interpretation
inferential