The Role and Distinction of the Canadian Parliament and the Court – Dissertation – Tianxiao Liu
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The Role and Distinction of the Canadian Parliament and the Court
Canada has inherited common law in the two major legal system of the world. In the composition and application of legal rights, there are two roles of court and parliament to serve citizens and tolerate society. Government members have the power to think about the law, but in the implementation, the court has absolute rights, and does not interfere with each other but checks and balances.
In the role and use of the court, it is closer to our lives. It brought law to the reality and applied each case to the law at the time to determine the case. But there is another function in the Supreme Court of Canada, the judicial interpretation. In the Supreme Court of Canada, because the legal interpretation is very complicated, modern legal interpretation consists mainly of three method for the same standard and rigor. The most common method is the translation method. The court only applies it with the simplest vocabulary, and does not think about the reasons behind the legislation and social stability. The translation method has been used in many cases, but there are not many principles of justice in judicial interpretation. The second is the teleological method, which is completely contrary to the first one. It will consider the reasons and considerations of legislation, and there are rules for elimination. The three methods of legal interpretation are to use the “intention” of the legislature as the direction of interpretation. The purpose of this method is to understand the rationality and intent of the
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By: Tianxiao Liu
Submitted: October 26, 2018
Essay Length: 420 Words / 2 Pages
Paper type: Dissertation Views: 186
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