Rules, Rule of Law, Sources of Law — Study Materials Flashcards

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Rule of Law

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A principle that no one is above the law, laws should be public, stable, and clear, and people deserve fair procedures (due process). In practice, equal application and enforcement determine whether the rule of law leads to justice.

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Legitimacy

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The acceptance by people that an authority or law is valid and deserving of obedience. Legitimacy affects whether laws are respected and whether institutions maintain social order without coercion.

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Due Process

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Fair steps and procedures that must be followed before depriving someone of rights or imposing punishment. Due process protects individuals from arbitrary state action.

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Enforcement

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The mechanisms (police, courts, community norms) that ensure rules are obeyed. Who enforces laws and how they enforce them shapes whose interests the law actually serves.

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Magna Carta

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A 1215 agreement limiting some royal abuses and settling feudal disputes; symbolically used to argue no ruler is above the law. Historically, it primarily protected elite interests rather than universal rights.

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Privilege Audit

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A tool for evaluating laws: identify winners, losers, the enforcer, and how to rewrite rules to reduce harm. It helps reveal unintended consequences and power imbalances in legal design.

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Pass System

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A historic Canadian policy that required some Indigenous people to obtain permission to leave reserves. It exemplifies how law can be used to restrict freedom and control movement.

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Potlatch Ban

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A period when Indigenous ceremonial practices were criminalized in Canada, showing how law targeted culture and suppressed governance. It demonstrates legal suppression of Indigenous traditions.

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Legal vs Just

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The difference between what is legally permitted and what is morally or socially just; legal systems can authorize harms, so legality does not guarantee justice. Critical reflection is needed to evaluate laws' fairness.

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Law Ladder

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A simplified hierarchy of state law: Constitution at the top, then statutes, regulations/bylaws, and common law. The ladder shows which legal sources are supposed to override others in conflicts.

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Constitution

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The supreme law setting rules about power distribution and fundamental rights; it can invalidate statutes that conflict with it. In Canada, constitutional law also recognizes Indigenous rights (e.g., s.35).

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Statute Law

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Laws passed by Parliament or provincial legislatures that create legal rules and frameworks. Statutes can be challenged if they conflict with the Constitution.

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Common Law

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A legal tradition where judges develop rules based on precedent and past decisions. It emphasizes how earlier judicial rulings guide future outcomes.

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Civil Law

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A legal system (used in Québec) that starts from a written code (the Civil Code) and reasons from statutory provisions rather than precedent. Outcome differences can arise because judges prioritize codified rules.

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Precedent

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A past court decision used to guide later cases; in common law systems, precedent promotes consistency. Precedent can be overturned, but it is a central source of legal reasoning.

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Jurisdiction

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The authority of a government body (federal, provincial, municipal) to make and enforce laws in a particular area. Jurisdictional boundaries determine which rules apply and who can resolve conflicts.

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Legal Pluralism

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The coexistence of multiple legal traditions and systems in one place, such as state law alongside Indigenous laws. Recognition of pluralism raises questions about legitimacy and whose norms govern social life.

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Indian Act

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An 1876 Canadian federal statute that regulated many aspects of Indigenous life, including governance, ceremonies, and identity. It is an example of how state law has been used to control and assimilate Indigenous peoples.