Communities and Public Law


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!

  1. 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?
  2. 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?
  3. Why is it called common law?
  4. What is the significance of the Royal Proclamation of 1763 for
    Aboriginal law?
  5. 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
  6. Define the conventions of responsible government.
  7. What does it mean to say that superior (or s. 96) courts have inherent
  8. 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).)
  9. Why is the Canadian Bill of Rights generally seen as a failure?
  10. Write a brief step-by-step description of the Oakes test.
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