1
Please answer the following ten short-answer questions. Return your answers via
the course eClass page before 4:00 PM on June 2, 2022. Your answers should be
written in ordinary prose, using your own words – i.e., write in complete sentences,
don’t copy or cut-and-paste, and don’t forget to provide a proper citation if you
directly quote someone else’s words. Good luck!
- For more than a century, John Austin’s command theory of law was the
leading theory of law in the English-speaking world. Why did it fall out
of favour? - What did Lon Fuller mean when he wrote that a lawmaker who violated
any of his eight principles of legality would fail to make law? - Why is it called common law?
- What is the significance of the Royal Proclamation of 1763 for
Aboriginal law? - In the Reference re. Environmental Management Act, the BC Court of
Appeal held that an amendment requiring a hazardous substance permit
to transport heavy oil via pipeline was ultra vires the province’s
legislative powers. Briefly describe the reasons given for the court’s
decision.
2 - Define the conventions of responsible government.
- What does it mean to say that superior (or s. 96) courts have inherent
jurisdiction? - How has the Supreme Court of Canada defined judicial independence?
(Your answer should refer to Valente v. The Queen and/or the Reference
re. Remuneration of Judges of the Provincial Court (PEI).) - Why is the Canadian Bill of Rights generally seen as a failure?
- Write a brief step-by-step description of the Oakes test.