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CHANGES TO THE LAW

Explore the driving forces and conditions for changing laws, including demographic, technological, and value shifts. Delve into national emergencies, rule of law, and individual and collective actions influencing legal reforms.

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 • Sometimes meant to be temporary, but never repealed…WWI Acts • War Measure Act -http://www.youtube.com/watch?v=-7_a2wa2dd4 • National Security v. Personal Privacy Group Discussion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