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Comparative Law 412
terms/features/cases
27
Law
Undergraduate 4
12/14/2008

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Term
United Kingdom legal system
Definition
No written constitution; no bill of rights; no judicial review; Human Rights Act 1998
Term
Canada Legal system
Definition
1982 Charter; Written constitution through British North American Act 1867; Judicial Review; 20th Century Phenom
Term
Australia legal system
Definition
written constitution; judicial review; no national bill of rights....yet
Term
1st wave of rights
Definition
limiting the government (do the job but stay out of the way of the people)
Term
2nd wave of rights
Definition
Post WWII (Not enough to just say you have a right but it must be in writing)
Term
3rd Wave of rights
Definition
More focused on collectivity (universal health care etc.)
Term
Griswold v. Connecticut
Definition
Supreme Court felt it necessary for there to be something about contraception and privacy. Found that that courts must dig through amendments to find privacy rights. (Courts getting its hands wet)
Term
Miller v. California
Definition
National law could not take freedom of speech away. State was taking speech away but federal court said it was artistic expression
Term
Buckley v. Valeo
Definition
ruled spending limits were unconstitutional. Individual campaign contributions can be limited.
Term
DC v. Heller
Definition
Gun owners were protected as numeric minority
Term
Boumediene v. Bush
Definition
War powers rights
Term
British North American Act
Definition
A lot of power between provinces and the government but not citizens and government
Term
Charter of Rights and Freedoms
Definition
Federal System; 10 provinces, 3 territories
Term
Parliamentary System
Definition
Prime minister is above the executive branch
Term
Canada representation
Definition
Each seat represents a district which is roughly population based
Term
Waldron says rights barrers are:
Definition
Moral Agency (individual can think right/wrong), and Autonomous (person is a free thinking individual)
Term
Australian political system workout
Definition
Parliament;High Court (consists of senate and is a part of the executive branch); ran by the labor pary
Term
Australia breakdown of land
Definition
6 states, 2 territories
Term
Canadian cabinet consists of...
Definition
Prime Minister and Ministers
Term
Department of Justice in Canada
Definition
with the Charter it became a key part of govn't instead of just a department
Term
Supreme Court of Canada
Definition
not a sole power but cooperates with Charter
Term
R. v. Butler
Definition
Sold videos in which were "obscene." Convicted for having obscene material in which harms women and children
Term
Vriend v. Alberta
Definition
club coordinator was fired from his job after disclosing he was a homosexual. Court said it was an infringement of rights and was later added as a guaranteed right to each citizen.
Term
British House of Commons
Definition
646 members, 5 year terms
Term
Common law
Definition
set of legal principles developed overtime by the courts. These are viewed as authoritative.
Term
Two chambers in parliament
Definition
Labor, Conservative, Liberal Democrats, Scottish National
Term
Constitutional Reform Act 2005
Definition
Created a new top court by taking out 12 law lords and have them in a Supreme Court
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