1. Origins of law in general:
- Customary law: Development of rules based on long-standing traditions and practices within a community or society.
- Religious law: Derived from religious texts and beliefs, guiding behavior and moral conduct.
- Common law: Evolved from judicial decisions and precedents set by courts over time.
- Statutory law: Laws enacted by legislatures or governing bodies.
- Civil law: Derived from written codes and statutes that outline legal rights and responsibilities.
Influence of societal values on laws:
- Laws are influenced by societal values to a significant degree.
- Society's moral, ethical, and cultural values shape legal principles and regulations.
- Laws often reflect societal norms, beliefs, and expectations regarding behavior and justice.
- Examples discussed in class can include laws on human rights, environmental protection, and discrimination, which reflect changing societal values and demands for justice.
2. Constitutional Monarchy in Canada:
- Canada has a constitutional monarchy, where the monarch (currently Queen Elizabeth II) is the symbolic head of state.
- The monarchy's powers are limited and largely ceremonial, with the government and decision-making powers vested in elected representatives.
- The Constitution Act of 1867 establishes the framework for Canada's system of government, which includes the monarchy as an integral part.
- The monarch's role includes functions such as granting royal assent to legislation and representing the continuity and unity of the state.
Opinion on Canada's Constitutional Monarchy:
- Whether Canada should do away with the system of Constitutional Monarchy is a subjective question.
- Some arguments in favor of maintaining it include:
- Cultural and historical significance: The monarchy represents Canada's ties to its colonial past and its identity as a Commonwealth realm.
- Symbolic unity: The monarchy provides a unifying symbol and a sense of continuity.
- Stability: The constitutional framework and the separation of powers have worked effectively in Canada.
- Arguments for considering a different system:
- Democratic principles: Some argue for a fully elected head of state as a representation of democratic values and accountability.
- Cost: Critics argue that maintaining a monarchy incurs additional expenses.
- Independence: Moving away from a monarchy could be seen as a step towards complete sovereignty and independence.
Ultimately, whether Canada should follow the lead of others and do away with the system of Constitutional Monarchy depends on various perspectives and considerations.