Precedent

convincing decision for three key reasons: (i) the decision applies the doctrine of precedent, (ii) lack of legislation is addressed coherently and (iii) parliamentary supremacy and intention is upheld. While the facts and issues of the R (Playfoot) case are radically different to that of Al Rabbat both deal with judicial review cases. Superstone QC and Thomas LCJ apply the doctrine of precedent in their decisions. The claimant in Playfoot sought judicial review of the decision…

The Native Americans and the United States’ Government's relationship was not off to a great start in the 1800’s. When the settlers first came to America, the Natives viewed them as untrustworthy. The suspicions were confirmed, when the settlers started to expand into the Natives land. This caused conflicts and they were only solved by violence. Finally, the Americans and Natives came to the biggest conflict of all, The War of 1812. This was a war in 1812, between the Natives and the white…

insured or have a taxi license, and a personal car is used. In addition to these problems Uber also does not pay taxes to the city. Allowing a company as big as Uber to profit off of illegal activity sets a bad precedent and can lead others to do the same. The second reason this issue is important is the impact it has on the economy. One article from “The Star.com” suggest Ontarians think Uber can actually boost the economy by…

The Confrontational Truth There are instances where people of communities overlook the climatic change, and mistake the change for something less exhaustive than what the change really is. Most people in Canada do not think about global warming when there is a nice, sunny, hot day during a season of the colder months, but in contrast they think about how lucky and thankful they are enough to be receiving such wonderful weather. This is a form of ignorance, and with ignorance it is bliss to…

constitutional procedures the Canadian government must take relating to Aboriginal land claims in the Tsilhqot’ in Decision. This Precedent setting case will strengthen Aboriginal rights for protecting their traditional territories and bring about change within their communities. By analyzing the legal policies our government must abide by, as well as the implications of the precedent its self, we can see how it will benefit and create more rights to Aboriginals. The case through its decision…

into four chapters and each chapter proposed new terms to describe human’s pleasure in certain settings, which originated from the living habit of our ancestors, and how the feelings are re-created in the modern times through a few architectural precedents. Before the first chapter, the book begin with a prologue, showing three scenes: nature, integration of nature and architecture,…

Brown vs Board of Education is the case that overturned the doctrine of "separate but equal" that the Plessy vs Ferguson ruling made precedent. In Plessy vs Ferguson, the 14th amendment was viewed in such a way that segregation was not considered unequal. Brown vs Board of Education changed that by making it clear that there was no way to make segregation equal as it made one side look…

In “Legal Realism, Critical Legal Studies, and Dworkin”, realism highlights the challenges and negative qualities that Positivism encompasses, not only through criticism but a detailed explanation of an alternate perspective of how the law should be. Hart then responds to these criticisms that point out underlying flaws in the realists views, which indicate his modern view on Positivism and how it has evolved from a better known classic version used previously. Even though Hart does defend Legal…

felt like they were not being represented fairly and wanted a say in politics. This movement was also called the Grange and in the 1890’s would turn into the Populist party, a major left wing political party, that would set a precedent for labor laws. It would also set a precedent for how each party would represent the working class. We don’t see the Populist party today but that is because they ultimately merged together with the Democratic party where its ideals continue on and therefore is…

Every decision that the legislature and the courts make that includes the term “person” has great importance to the status of the precedent. For example, if a court decides that the attack of a pregnant mother that resulted in the miscarriage of her fetus is murder, the court unintentionally created the precedent that a fetus is a “person” and has rights under the law. This then conveys that abortion is illegal because it is the murder of a fetus, which is now a “person”…