king john of england (1199-1216) considered himself to be above the law and abused his power....
TRANSCRIPT
Rule of Law
King John of England (1199-1216) considered himself to be above the law and abused his power.
Eventually the “Upper Classes” forced the King to sign the Magna Carta in 1215.
As a result, all English Kings forced to follow the same laws that governed the people.
Rule of Law (definition); All people are equal before,
and under, the law.
The Rule of Law
Equality became an important focus of the law as a direct result of the Magna Carta.
No ruler could restrict the freedoms of the people without reason.
Legal rights could not be changed without the consent of the people.
Laid the groundwork for legal acts such as the Canadian Charter of Rights and Freedoms.
Rule of Law
The Magna Carta also guaranteed habeas corpus – the right to appear before the courts within a reasonable time after being arrested in order to receive an explanation of the charges.
If no explanation could be given, the prisoner was released.
If charged with an offence, the accused could be tried by his peers.
Rule of Law
By 1265, the power struggle between the nobility and the monarchy in England was getting intense.
A group of nobles revolted against King Henry III and forced him to share his power with them.
The result was the first Parliament. Its role was to create laws to govern the nation with the consent of the King.
Rule of Law
Every dispute in Canada must be settled by peaceful means. Due process in the courts allows this within our legal system.
We are not allowed to settle disputes through violence or vigilantism.
The governments within Canada cannot create new laws, or change old ones, without the knowledge of the public.This is guaranteed to us in the Constitution Act
(1982) which also contains the Canadian Charter of Rights and Freedoms.
Rule of Law in Canada
Canada has inherited two systems of law:
Civil Law from the French
Common Law from the English
Common Law & Civil Law
British Common Law – also traditional law, is law that has evolved from decisions of English courts
These earlier decisions set “precedents,” which are used in future cases of a similar nature.
Precedents can be overruled by new laws, or statutes, passed by the appropriate government.
Common Law
Today, Common Law is applied in most countries settled or ruled by the British.
In Canada, law in all of the provinces except Quebec is based on Common Law.
Common Law
Civil Law is the kind of law that evolved from Roman law, and is based on a written “civil code.”
This was adopted in France after the French Revolution in 1789.
Called the Code Napoleon, it covered only matters of private law: (next slide for examples)
Civil Law
The legal attributes of a person (eg: name, age of majority)
The relationship between individuals (eg: marriage, adoption, parentage)
Property (eg: possession, land boundaries)
The legal institutions governing or administering these relationships (eg: wills, sales, leases, partnerships)
Civil Law
Through plain language and the specific nature of each regulation, civil codes are intended to be easy to understand and apply.
It does not rely on precedents to the same extent as Common Law.
Civil Law