810 – Topics


00:03 Dissolving separation: National Citizens’ Inquiry, triumph of administrative state, legislature, courts, executive branch, separation of powers beginning to dissolve, delegation-deference-discretion, public interest, myth that legal system founded on charter, Trudeau’s justification

16:20 The case is moot: principle of mootness, courts function to resolve actual cases, cases declared moot when they become theoretical, mootness used as tactic to avoid court judgments, mootness and individuals, intellectual laziness, no one owed the truth

29:35 Will of the people: Canadian constitution preamble, Salim Mansur’s constitutional proposal, America has same crisis as Canada, no justification required, rule of law and the criminal code, not the job of government to fix social problems, law should define relationship between the individual and other individuals and the state

40:40 Cultural product: deference of the courts, law as a product of culture, law as a political language to legitimize political decisions, no rights without remedies, inalienable rights, amending the Constitution to restrict freedom

59:42 END