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CHANGES TO THE LAW

CHANGES TO THE LAW. Factors Driving Change Conditions For Change Individual & Collective Action. Some Big Questions…. Why do we change the law? How do we change the law? Does change happen smoothly?. Factors Driving Change. DEMOGRAPHIC CHANGES

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CHANGES TO THE LAW

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  1. CHANGES TO THE LAW Factors Driving Change Conditions For Change Individual & Collective Action

  2. Some Big Questions… • Why do we change the law? • How do we change the law? • Does change happen smoothly?

  3. Factors Driving Change DEMOGRAPHIC CHANGES • Relates to birth & death rate or trends in immigration, education, and employment • 1900 – What was changing? • 60s & 70s – What was changing? • Need new laws??

  4. Factors Driving Change TECHNOLOGICAL CHANGES • 1867 – foreseeability?? • New technology…who makes the laws??

  5. Factors Driving Change VALUE CHANGES • What did we use to tolerate?? • What do we tolerate now that we didn’t before?? • (No hints w/ the pictures this time )

  6. National Emergencies • What constitutes an emergency? • Sometimes meant to be temporary, but never repealed…WWI Acts • War Measure Act -http://www.youtube.com/watch?v=-7_a2wa2dd4 • National Security v. Personal Privacy Group Discussion

  7. National Emergencies Emergencies • Travel Ban • Syrian Refugees Non-Emergencies • Gun Violence • Climate Change

  8. Conditions for Change • Rule of Law • Democratic System • Independent Judicial System

  9. 1) Rule of Law • Law is necessary in an orderly society • The law applies to everyone equally • A person’s rights cannot be taken away except in accordance with the law – Roncarelli v. Duplessis(Good Example) • https://www.youtube.com/watch?v=qrLfi9gzpUo

  10. 2) Democratic System • Ultimate power resides in the people – voting is the true power & reflects a SOCIETAL change, not arbitrary • Mulroney & Chrietien…kinda a silly example

  11. 3) Independent Judiciary System • Judges cannot be intimidated by threat of losing their position https://www.cnn.com/2018/02/06/politics/pennsylvania-gerrymandering-impeachment/index.html • R. v. Daviault – WOW!! (Statue Law Change) • Justice system must be hierarchical – why is this important for our sense of justice? • R. v. Ewanchuk – WOOOOOW!! (Case Law Change)

  12. Changes as a Result of Individual Action Nelson Mandela • Fought Apartheid- government policy of racial discrimination and segregation

  13. Nelson Mendela – Individual Action • Joined ANC- group dedicated to overturning the apartheid system. 1962 arrested for 27 years • 1990 released and became President • Had the faith to change unjust laws, no matter how deeply entrenched

  14. Individual Action - Notables • Dr. Henry Morgantaler • Sue Rodriguez • NOW CHANGED!! • Richard Sauve • Tommy Douglas

  15. Change as a Result of Collective Action • Lobby Groups are the most effective way to change laws (good or bad?) • Royal Commissions: government appointed to issue a report on public issues • Legal Scholarship: publish articles or a book on a topic • Political demonstrations- do they work? • Civil Disobedience

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