Sources Of Law : Neil Boyd

905 WordsSep 28, 20154 Pages
SOURCES OF LAW: Neil Boyd said in this book that in any lawmaking, a law is a power with a political compromise. He further says the law is a prize that various political actors seek within a terrain of social, political, and economic conflict. It is honest that while describing sources of legal philosophy, three backdrops such as struggle, compromise, and councils must consider (Boyd 2015 p. 50). It is Canada’s current legal system stems from various European system by explorers and colonists. Who can forget the well-known Seven Years’ War “ The Battle of the Plains of Abraham” (1756-1763) that took place between Britain and France? Britain won the fight and set out a legal structure for its new settlement in the Royal Proclamation of 1763. Since then, Canada has fallen only under English law, except for Quebec, that follows French civil law (Boyd 2015 p. 32). The British North America Act, 1867 is Canada’s original and defining source of sound philosophy. It sets out in sections 91 and 92 the respective powers of federal and provincial governments, and more broadly, an arrangement of legal governance of the country (Boyd 2015 p. 34). The account states that Canada found its identity in The British North America Act, 1867 and the Constitution Act, 1982, with its entrenched Canadian Charter of Rights and Freedoms(Boyd 2015 p. 36). Even though much of our legal philosophy inherited from Britain and French customs, new laws form, old laws change, and the common law and
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