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Theoretical Foundations of Law
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Theoretical Foundations of Law

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Questions and Answers

What was the primary reason Roncarelli pursued litigation against the government?

  • Failure to comply with restaurant regulations
  • Dispute over property taxes
  • Loss of his restaurant’s reputation
  • Termination of his liquor license for improper purposes (correct)

    • What did the Supreme Court conclude regarding the government's actions against Roncarelli?

  • They were within the government's discretion
  • They were arbitrary and lacked legal justification (correct)
  • They were justified by existing law
  • They were based on valid evidence of misconduct

    • What is a key criterion that must be present for government action to be considered lawful?

  • It must be supported by the majority
  • It must follow public opinion
  • It must be authorized by known legal statutes (correct)
  • It must be approved by local authorities

    • What was the significance of the Manitoba Act in relation to language rights?

    <p>It mandated laws to be written in French and English</p> Signup and view all the answers

    What was the outcome of the Supreme Court's decision regarding the Official Language Act, 1890?

    <p>It declared Manitoba's laws invalid for lack of bilingual enactment</p> Signup and view all the answers

    Which factor did the Supreme Court indicate was not sufficient to justify a decision?

    <p>The rule of law alone</p> Signup and view all the answers

    What was the result of the determination of illegal action by Quebec against Roncarelli?

    <p>Roncarelli received compensation for his losses</p> Signup and view all the answers

    What key aspect is necessary to establish the legality of government actions?

    <p>Legal authorization through legislation</p> Signup and view all the answers

    What is the primary assertion of the 'Command Theory of Law' as described by John Austin?

    <p>Law is the command of the sovereign.</p> Signup and view all the answers

    According to Legal Positivism, how is a rule deemed valid?

    <p>It is enacted by the sovereign and backed by consequences.</p> Signup and view all the answers

    What underpins the legitimacy of the sovereign in the Social Contract theory proposed by John Locke?

    <p>The agreement of the people to be governed.</p> Signup and view all the answers

    Which of the following is NOT a flaw associated with Positive Law Theory according to the content?

    <p>Inconsistencies in moral reasoning.</p> Signup and view all the answers

    In what way do Legal Positivism and Natural Law differ in their understanding of legitimacy?

    <p>Legal Positivism ties legitimacy to the sovereign, whereas Natural Law ties it to the pursuit of justice.</p> Signup and view all the answers

    Which aspect is emphasized as a requirement for the validity of law in Legal Positivism?

    <p>It must be formulated by legitimate means.</p> Signup and view all the answers

    Which statement best reflects a key principle of the Social Contract theory?

    <p>The sovereign rules based on an agreement that protects natural rights.</p> Signup and view all the answers

    What is a necessary condition for a rule to be considered valid in the positive law framework?

    <p>It must be enacted by public officials.</p> Signup and view all the answers

    What is the purpose of the cy-près doctrine?

    <p>To assist in fulfilling a will’s original intentions.</p> Signup and view all the answers

    What can Parliament do in response to judicial decisions they disagree with?

    <p>Pass laws to override or clarify those decisions.</p> Signup and view all the answers

    What is necessary for government action according to the principles stated in Roncarelli vs. Duplessis?

    <p>It must be authorized by law.</p> Signup and view all the answers

    What was one of the factual circumstances about RN’s actions at the border?

    <p>RN acted suspiciously during the re-entry process.</p> Signup and view all the answers

    What is the primary purpose of separating powers in a government?

    <p>To prevent tyranny</p> Signup and view all the answers

    Which legal principle was the main issue regarding the actions of government officials in the R.v.Noway case?

    <p>Did the officials comply with the rule of law?</p> Signup and view all the answers

    Which branch of government is considered the supreme force in Canada?

    <p>The Legislative Branch</p> Signup and view all the answers

    Who is responsible for approving laws in Canada?

    <p>The House of Commons</p> Signup and view all the answers

    Which sections of the Customs Act were identified as pertinent in the analysis of RN’s case?

    <p>Sections 12 and 98.</p> Signup and view all the answers

    What mechanism ensures the executive branch is accountable in Canada?

    <p>The power of law through the Legislature</p> Signup and view all the answers

    What is one reason judicial decisions can influence the development of laws?

    <p>Judges interpret laws when no specific statutes exist.</p> Signup and view all the answers

    How many seats are there in the House of Commons?

    <p>338</p> Signup and view all the answers

    What is the role of the Senate in the legislative process?

    <p>Reviews and recommends changes to proposed laws</p> Signup and view all the answers

    Who appoints the Governor General of Canada?

    <p>The Monarch upon the advice of the Prime Minister</p> Signup and view all the answers

    Legitimizing laws is different from approving laws in which way?

    <p>Legitimizing happens after laws are passed</p> Signup and view all the answers

    What was the core legal issue in Kosoian v.STM?

    <p>Did Constable Camacho incur civil liability?</p> Signup and view all the answers

    What did the Supreme Court determine in the case of Roncarelli v. Duplessis?

    <p>There was no justification for terminating his liquor license.</p> Signup and view all the answers

    In Kosoian v.STM, what factor contributed to the court's finding of unlawful police action?

    <p>The sign indicated caution rather than a legal requirement.</p> Signup and view all the answers

    What was a major factor the courts considered in both Kosoian v.STM and Roncarelli v. Duplessis?

    <p>The legal authority behind the government's actions.</p> Signup and view all the answers

    What was the outcome for Kosoian in her case against STM?

    <p>There was shared liability between the police and STM.</p> Signup and view all the answers

    How did the Supreme Court view Premier Duplessis's actions in Roncarelli v. Duplessis?

    <p>As arbitrary and lacking legal justification.</p> Signup and view all the answers

    What similarity exists between Kosoian v.STM and Roncarelli v. Duplessis regarding their significant outcomes?

    <p>Both resulted in the courts ruling against government actions.</p> Signup and view all the answers

    What is one major difference between Kosoian v.STM and Roncarelli v. Duplessis?

    <p>One involved civil liability while the other involved a liquor license.</p> Signup and view all the answers

    Study Notes

    Theoretical Foundations

    • Public Law Principles are principles that focus on the relationship between the state and individuals
    • Legal Positivism is a theory that defines law as a set of rules established and enforced by the sovereign
    • John Austin:
      • His "Command Theory of Law" says laws are commands of the sovereign backed by the threat of consequences
      • Believed that laws are valid only if created by the sovereign
      • Laws are imposed without moral considerations
    • Social Contract Theory (John Locke):
      • The people agree to be governed in exchange for protection of their natural rights
      • People surrender some freedom for state protection
      • This contract allows the sovereign to rule
      • Sovereigns can be overthrown if they fail to meet their end of the contract

    Exam Question (Short Answer)

    • What are the similarities and differences between legal positivism and natural law?

    Validity of Law

    • Legal positivism theory states that laws are valid because they are enacted by the sovereign or derived from existing decisions
    • Rules are considered valid based on their source of authorization:
      • Enacted by public officials
      • Formulated through legitimate means
      • Backed by state force
      • Formulated by a body of rules

    Roncarelli v. Duplessis

    • Roncarelli's liquor license was terminated by the Premier of Quebec for unknown reasons
    • This was an arbitrary action based on personal bias
    • Roncarelli successfully challenged the decision in court
    • The court found that the government’s actions were unlawful because they were not authorized by any law

    Reference re: Manitoba Language Rights

    • Manitoba attempted to pass a law making English the only language for legislation
    • The Supreme Court declared the law invalid, because it violated a constitutional requirement for laws to be written in both English and French
    • The court suspended the ruling to avoid creating a legal vacuum in Manitoba
    • This case demonstrates the use of the rule of law to interpret and enforce constitutional requirements.

    Wells v. The University of Western Ontario

    • Professor Wills' bequest was denied by the university
    • The court used the "cy-près doctrine" to modify the will to fulfill Professor Wills' intentions
    • This case shows how judges can shape the development of the law when specific statutes are absent
    • Parliament can alter or clarify judicial rulings by creating new legislation

    Assignment #1

    • Students are to write a judicial decision on whether the rule of law was violated in a hypothetical case
    • The decision should include:
      • Facts of the case
      • Legal questions raised by the case
      • Relevant legal authorities
      • Analysis of the law and its applicability in the case
      • Legal conclusion

    R. v. Noway (Mayan Flower Case)

    • Noway was charged under the Customs Act for attempting to bring an unapproved agricultural product into Canada
    • Noway was acting suspiciously at the border and his vehicle was searched
    • Customs officials found prohibited vines on his person and in his vehicle

    Issue

    • Did the government officials fail to comply with the rule of law?

    Law

    • Roncarelli v. Duplessis:
      • Laws must be known, enacted, and applicable to everyone.
      • Government actions must be authorized by law.

    Analysis

    • Known and enacted laws exist in this case (Customs Act)
    • Everyone bound by law, evidence suggests no unequal application
    • Was the action authorized by law:
      • There is a qualified 'Yes' and 'Did reasonable grounds exist?'

    Parliament and Legislative Authority

    • The separation of powers and responsible government are key components to prevent tyranny
    • The Canadian government divides power within the executive, legislative, and judicial branches
    • The executive branch is accountable to the legislative branch
    • The legislative branch is the supreme force of government

    Legislative Branch

    • The legislative branch is comprised of:
      • House of Commons:
        • Elected representatives representing different provinces
        • The number of seats in a province is based on population
      • Senate: Appointed by the Governor General based on recommendations by the Prime Minister
      • Governor General: Appointed by the Monarch based on advice from the Prime Minister
    • Role:
      • Enforce the legislative powers
      • Hold the executive accountable
      • Advance the peoples views on government power

    Representation, Approval and Legitimizing Laws

    • The legislative branch approves laws through voting
    • Approval of laws is distinct from legitimization
    • The legislative branch legitimizes laws after they have been passed

    Parliamentary Supremacy

    • The legislative branch has supreme power over all other bodies
    • This limits the power of the judicial branch, ensuring that legislatures can change laws without judicial intervention

    Limits to Parliamentary Supremacy

    • Constitutional Limitations:
      • The Charter of Rights and Freedoms
      • The Bill of Rights
      • Specific laws cannot be created to violate the Charter or Bill of Rights
    • Judicial Interpretation:
      • Judges can review and declare laws unconstitutional.

    Similarities and Differences Between Kosoian v. STM and Roncarelli v. Duplessis

    • Similarities:
      • Both cases concern the rule of law and the application of legal principles
      • Both cases involve government action that was challenged in court
    • Differences:
      • Kosoian v. STM involved a police action based on a sign (not law) while Roncarelli v. Deplessis involved a direct and arbitrary action by the government
      • The outcomes differed with Kosoian v. STM finding shared liability while Roncarelli v. Deplessis saw a declaration of unlawful government action
    • Significance:
      • These cases demonstrate the importance of the rule of law in protecting individual rights and preventing arbitrary actions by the government
      • They highlight the role of the judiciary in enforcing the rule of law and challenging government actions that violate it.

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